Travis v. Bishoff

The opinion of the court was delivered by

Burch, C. J.:

The action was in form one by a patient to recover from a surgeon, Dir. M. L. Bishoff, for breach of an express oral *284contract to perform an operation for relief of hernia in the manner required by good surgical practice. A demurrer to the petition was sustained, and plaintiff appeals.

The petition alleged plaintiff was an employee of the A. T. & S. F. Railroad Company. For a period of years he had been a member of the A. T. & S. F. Hospital Association, with dues paid. By virtue of his membership and payment of dues, he was entitled to…