De Witt v. Root

Defendants in error are physician's. This action was instituted for the purpose of collecting a balance due for medical services rendered in the treatment of the mother of plaintiff in error by and upon his employment and promise to pay. The defense was a denial of the allegations of the petition so far as the promise to pay was concerned, and an allegation that the services were rendered for his mother who was living upon her farm, and not with him, and that he was not liable even if such a promise was made, it being within the statute of frauds. The trial resulted in a finding and judgment…