Flournoy v. Van Campen
California Supreme Court
Appeal from a judgment of the Superior Court of Merced County, and from an order refusing a new trial. The action was brought by a physician to recover for medical services tendered to the mother of the defendant at the alleged special instance and request of the latter.
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Appeal from a judgment of the Superior Court of Merced County, and from an order refusing a new trial. The action was brought by a physician to recover for medical services tendered to the mother of the defendant at the alleged special instance and request of the latter. On the trial, the plaintiff, after giving evidence showing that he was employed to render the services at the request of the mother, and pursuant to her employment had rendered part of the services sued for, testified against the objections of the defendant that the defendant had verbally promised to pay him both for his past…
1Opinion of the CourtRoss, J.
The complaint counts upon a contract alleged to have been made by defendant with plaintiff, for the rendition of the services of the latter, and is sufficient. But the plaintiff’s own testimony shows that prior to any agreement with defendant he had been employed by defendant’s mother to attend her professionally, and pursuant to that employment had commenced his treatment of her. His recovery in the court below against the defendant included compensation for services rendered by him as well before as after the contract with defendant, and is not susceptible, as the record is presented, of…
2Cited by6 opinions
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- County of Kern v. Tyler Technologies, Inc.District Court, E.D. California · 2021
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