Guild v. Whitlow

Hart, J.,

(after stating the facts). The theory of the plaintiff was that he had made an express contract with the defendant whereby the latter agreed to pay him the sum of $1,500 for operating on Mrs. Freeman, the defendant’s sister. He seeks to recover the balance due him under the contract.

On the other hand, it was the theory of the defendant that the plaintiff was not entitled to- compensation unless the operation was successful and the patient was entirely cured.

Special contracts with physicians -or surgeons upon the principle of “no cure, no pay,” are generally held valid. They are…