Jesserich v. Walruff
Missouri Court of Appeals
Error from the Jaclcson Circuit Court. — Hon J. H. Slover, Judge.' (1) The promise to pay for the reasonable value of plaintiff’s services which the law would infer, assuming his account of the telephone message to be true, was not within the statute of frauds. (2) The court erred in refusing to give the declarations of law asked by plaintiff.
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Error from the Jaclcson Circuit Court. — Hon J. H. Slover, Judge.' (1) The promise to pay for the reasonable value of plaintiff’s services which the law would infer, assuming his account of the telephone message to be true, was not within the statute of frauds. (2) The court erred in refusing to give the declarations of law asked by plaintiff. (1) Where a person requests a physician to perform a service for a patient, unless the relation of that person to the patient is such as raises .a legal obligation on his part to call a physician and pay for his services, an implied promise is not…
1Opinion of the CourtSmith, P. J.
This was an action brought by the plaintiff, a practicing physician and surgeon, against the defendant, a brewer, to recover the sum of $300 for medical and surgical services performed for one Joseph Maeder, at the special instance and request of defendant. The answer was a general denial, accompanied with the plea of the statute of frauds. The cause was tried before the court which resulted in a judgment for defendant, to reverse which plaintiff has brought the case here by writ of error.
*272The plaintiff complains of the action of the trial court in refusing a number of instructions asked by…
2Cases cited1 opinion
- Meisenbach v. Southern Cooperage Co.Missouri Court of Appeals · 1891
3Cited by7 opinions
- Weinsberg v. St. Louis Cordage Co.Missouri Court of Appeals · 1909
- Norton v. RourkeSupreme Court of Georgia · 1908
- Holmes v. McKimSupreme Court of Iowa · 1899
- Crowell v. DonohoMissouri Court of Appeals · 1913
- Greensfelder v. Witte Hardware Co.Missouri Court of Appeals · 1915
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