Mock v. Kelly
Supreme Court of Alabama
Error to the County Court of Lowndes. ASSUMPSIT in the Court below, by the defendant, against the plaintiffin error, to recover the value of medical services.
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Error to the County Court of Lowndes. ASSUMPSIT in the Court below, by the defendant, against the plaintiffin error, to recover the value of medical services. On the trial, a witness proved that he heard the plaintiff say to defendant, that he believed he could cure defendant’s negro ; whereupon defendant replied, that if he would cure her, he would give plaintiff a reasonable compensation; and plaintiff then said, in order to cure her, he must have her at Hayneville, whither she was sent, and died soon after her return, of drop-sey, the same disease, apparently, which she had when she went…
1Opinion of the CourtOrmond, J.
The charge of the Court below, is founded on the supposition, that a contract cannot be made with a physician, to pay him a reasonable price, if he .cures a disease of which.the patient is laboring, and nothing, if he fails; but that to constitute such a contract, a specific price must be agreed on. It is 'true, such contracts are rarely made, without a specific price being agreed on, and that higher than the ordinary rate of charging in such cases — the physician being in such a case, an insurer — but it is impossible to doubt that such a contract may be made, and that both parties would be…
2Cited by4 opinions
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