Burgoon v. Johnson

Citations

• 194 Pa. 61
• 45 A. 65
• 1899 Pa. LEXIS 729

Syllabus

<p>Contract — Penalty or liquidated damages.</p> <p>In an action by one physician against another it appeared that defendant who had a sore on his face, went to plaintiff, reputed to be a specialist, for treatment. Before the treatment was begun defendant insisted upon knowing what the charge would be. Plaintiff testified that he said he would require, in the event of a cure, either a certificate from defendant of his skill and proficiency as a specialist in the treatment, or $5,000 in cash; that defendant after unsuccessfully endeavoring to get tlie terms “ a little easier,” said “I guess you may tackle it.” Plaintiff treated the sore and effected a cure. Defendant declined to give a certificate. Held, (1) that defendant, being a physician, was presumed to be able to intelligently enter into the alleged contract and to know what would be a proper charge for the services rendered; (2) that if plaintiff’s testimony is to be believed the stipulation of $5,000 was not a penalty, but an alternative mode of payment, and as defendant refused to give a certificate he was bound to pay.</p>