Foster v. Kopp

The opinion of the court was delivered by

Harvey, J.;

Plaintiff, an osteopathic physician, sued defendant for $39.50 on account for the treatment of his wife. Defendant admitted owing $19.50, but denied liability for any further sum, and by way of counterclaim attempted to plead a cause of action for damages in the sum of $300 on the theory that plaintiff, by malpractice, breached his implied contract to properly osteopathically treat defendant’s wife. At the close of the evidence the court instructed the jury to return a verdict for plaintiff for the amount sued for. This was done. Defendant…