Scanlon v. Anderson

This is an action by one physician against another to recover for services rendered as first assistant at approximately fifty major operations.

The declaration alleges an express contract and also contains the common counts. On a plea of non assumpsit the case was tried without a jury. At the close of plaintiff’s evidence defendant moved to strike out the common counts, cf. Rowe v. City Land Trust, 111 Atl. 747, because plaintiff’s testimony was that defendant had expressly agreed to pay him $50 per operation. The court declined, to grant the motion holding that there still might remain the…