Legal Opinion

Burgoon v. Johnson

Supreme Court of Pennsylvania

Decided December 30, 1899No. Appeal, No. 71Published

Appeal, No. 71, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., March T., 1899, No. 710, on verdict for plaintiff. Assumpsit on a contract. Before Slagle, J. The court charged in part as follows: The parties agree, that, one day in 1895, Dr. Johnson, the defendant, met the plaintiff upon the street; that he had some growth upon the side of his face or on his nose, and that he asked him to treat him.

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Appeal, No. 71, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., March T., 1899, No. 710, on verdict for plaintiff. Assumpsit on a contract. Before Slagle, J. The court charged in part as follows: The parties agree, that, one day in 1895, Dr. Johnson, the defendant, met the plaintiff upon the street; that he had some growth upon the side of his face or on his nose, and that he asked him to treat him. That he went the same day to Dr. Burgoon’s office and there the conversation occurred, on which the case turns. There is no dispute that Dr. Johnson asked Dr. Burgoon…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

It seems to us to be immaterial whether the affection on appellee’s nose was lupus or lupus cancer, as termed by the appellant. It is sufficient to know that Dr. Johnson, a physician who had been suffering from a sore on his face, called upon Dr. Burgoon of whom he said he had heard as a specialist in *65several diseases, for the purpose of being treated, and the only question before us is whether if Burgoon’s version of the contract or agreement between them be true, he is entitled to recover the sum sued for. When Burgoon, professing to be a specialist, met Dr.…

2Cases cited4 opinions

  1. Keck v. BieberSupreme Court of Pennsylvania · 1892
  2. March v. AllaboughSupreme Court of Pennsylvania · 1883
  3. Streeper v. WilliamsSupreme Court of Pennsylvania · 1865
  4. Clements v. Schuyl. R.Supreme Court of Pennsylvania · 1890

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