Summerour v. Lee

Nichols, Judge.

Dr. B. H. Lee sued Clay Summerour to recover for certain dental work performed for the defendant. Such services were rendered the defendant’s daughters. The defendant filed an answer in which he admitted a prima facie case but pleaded a total failure of consideration and sought by way of cross-action to recover for the alleged malpractice of the plaintiff. No rulings on the pleadings appear from the record to have been invoked, and on the trial of the case a verdict was directed for the plaintiff in the full amount sued for. The defendant assigns error on such judgment adverse…