Gerlach v. Terry

Foote, C.

—Plaintiff instituted this action to recover a sum of money for services as a physician, performed, as he alleged, at the special instance and request of the defendant’s decedent. The court below gave judgment in favor of the defendant, and from that, and an order refusing a new trial, the plaintiff has appealed.

There seems to have been no conflict as to any of the allegations of the complaint, except as to whether or not the services had been rendered at the request of the decedent, and on her employment of the physician.

The complaint alleged that the physician had performed the…