Boston v. Farr
Supreme Court of Pennsylvania
Appeal, No. 119, Jan. T., 1892, by defendant, O. E. Farr, from judgment of C. P. Wyoming Co., Jan. T., 1891, No. 172, on verdict for plaintiff, C. L. Boston. Assumpsit for services rendered as a physician. At the trial before Sittser, P. J., the evidence was to the following effect: Plaintiff, a physician, had been attending defendant’s stepson, Swazy Gordon, who was of age, for some time, and had originally been employed by him.
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Appeal, No. 119, Jan. T., 1892, by defendant, O. E. Farr, from judgment of C. P. Wyoming Co., Jan. T., 1891, No. 172, on verdict for plaintiff, C. L. Boston. Assumpsit for services rendered as a physician. At the trial before Sittser, P. J., the evidence was to the following effect: Plaintiff, a physician, had been attending defendant’s stepson, Swazy Gordon, who was of age, for some time, and had originally been employed by him. It became necessary to call in a surgeon to perform an operation, and plaintiff testified that before so doing he informed defendant that he had attended the boy up…
1Opinion of the Court
Per Curiam,
We find no error in this record. The court properly submitted to the jury the question of fact, whether the defendant made an original contract to pay the debt claimed in this action. He further instructed them that, unless it was an original contract, it would come within the statute of frauds, and *223the plaintiff could not recover. The jury found for the plaintiff, for a portion of the claim only, that is, for the services rendered subsequent to the making of the contract. The appellant contended that there was no evidence to submit to the jury of an original contract. In this we…
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