Smith v. Hyde

The opinion of the court was delivered by

Bennett, J.

The plaintiff seeks to recover of the defendant for services rendered and medicine furnished in doctoring the parents of the defendant. From the report of the auditor it appears, that the plaintiff commenced his attendance upon the defendant’s father, who had been sick many years, on the second day of December, 1843, under a stipulation between the plaintiff and the patient, — to borrow the language of the report, — “that if there was no cure, then there should be no pay.” The defendant was present, when this stipulation, as it is called,…