Boston v. Farr

Citations

• 148 Pa. 220
• 23 A. 901
• 1892 Pa. LEXIS 956

Syllabus

<p>Contract — Original undertaking or guarantee — Statute of frauds — Evidence.</p> <p>Plaintiff, a physician, brought suit to recover for services rendered to defendant’s stepson, who was of age. Plaintiff testified that defendant said to him, “If the boy dies, I don’t want any blame resting on me. You go and get the doctor (i. e. a surgeon) and do all that you can for the boy. I will see that you get your pay.”</p> <p>Held, (1) That this was evidence properly submitted to the jury upon the question of whether defendant’s undertaking was an original contract or a guarantee within the statute of frauds.</p> <p>(2) That the jury, under proper instructions, having found that it was an original undertaking and rendered a verdict for services subsequent to this agreement, the verdict should stand.</p>