Capone v. DeGroot

Eno, f.

By this action of contract the plaintiff seeks to recover for professional surgical services performed by her deceased testator on the wife of the defendant. The declaration is in two counts: one on an account annexed for $100 and the other, also for $100, for the fair value of medical and surgical services rendered. The defendant’s answer consists of a general denial, denial of contract, and failure of consideration.

The reported evidence is as follows:

"Mrs. DeGroot, the wife of the defendant, had been recovering from a pregnancy and delivery of a still-born child when she was admitted…