Pittman v. Lemaster

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for $150.00, the alleged value of services rendered by the plaintiff as a physician to the wife of the defendant. The action is upon a quantum meruit. There is no dispute between the parties as to the fact that the service was rendered to the wife in childbirth or that it was entirely satisfactory. The defendant’s contention is that he and the physician made a special contract covering the service, by which the physician was to be paid $35.00 plus mileage, $3.50, total $38.50, for which he had deposited a check with the Clerk…