Bremerman v. Hayes

Citations

• 9 Pa. Super. 8
• 1898 Pa. Super. LEXIS 105

Syllabus

<p>Contract — Circumstances controlling implied promise.</p> <p>To sustain an implied promise to pay there must be circumstanoes, which, according to the ordinary course of dealing and common understanding of men, shows a mutual intention to contract in that manner.</p> <p>Evidence — Custom or usage of trade.</p> <p>Before a mere usage of trade, or a custom, can be so firmly imbedded in the law as to govern the rights of parties, it must be so certain, uniform and notorious, as probably to be known to and understood by the parties entering into the contract.</p> <p>Evidence — Custom and ethics of medical profession — Question for jury.</p> <p>In a suit, by one physician against the estate of another, for professional services rendered decedent, it is error to reject an offer to prove a custom of the profession, a custom among physicians in the place of contract, not to charge for attendance on physicians, one physician on another; that as a matter of professional ethics, it was regarded as improper and unprofessional for one physician to charge another for his attendance. Such, evidence is proper for the consideration of the jury along with the other evidence in the case.</p>