Jonas v. King
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. In this case the action was by the appellee, King, a physician or specialist, against the appellant, Jonas. The declaration was upon the common count for medical services rendered. The evidence disclosed a special agreement between the parties, by which the appellee agreed to cure the appellant of hemorrhoids for $100.00, “no cure no pay.”
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. In this case the action was by the appellee, King, a physician or specialist, against the appellant, Jonas. The declaration was upon the common count for medical services rendered. The evidence disclosed a special agreement between the parties, by which the appellee agreed to cure the appellant of hemorrhoids for $100.00, “no cure no pay.” The evidence tended to show that there was a breach of contract on the part of defendant, by his refusal, without sufficient excuse, to submit to further treatment from…
1Opinion of the CourtSomerville, J.
—The plaintiff in this case declares on the common count for work and labor done, or, what is the same thing in legal effect, for medical services rendered by him at the request of the defendant. The evidence dis*287closes a special agreement between tbe parties by which the defendant promised to pay the plaintiff the sum of one hundred dollars, if he would successfully treat and cure him of a certain disease with which defendant was afflicted. The evidence further tends to show that there was a breach of the contract on defendant’s part by his refusal to permit plaintiff to continue his…
2Cases cited2 opinions
- Beadle v. Graham's Adm'rSupreme Court of Alabama · 1880
- Burkham Bros. v. SpiersSupreme Court of Alabama · 1876
3Cited by16 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
- Martin v. MassieSupreme Court of Alabama · 1900
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- Abercrombie & Williams v. VandiverSupreme Court of Alabama · 1899
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