Doyle v. Edwards

Citations

• 15 S.D. 648
• 91 N.W. 322
• 1902 S.D. LEXIS 64

Syllabus

<p>X. A contract to pay a physician from $200 to $400 for the performance of a surgical operation was binding and valid for $200 and the value of the services, up to $400, upon proof of such value.</p> <p>2. Where the complaint claimed in one count $250 for professional services under a special contract, and in another $250 for the value of professional services, and plaintiff elected to stand on the first, evidence by defendant to prove the value of such services was inadmissible.</p> <p>3. In an action to recover for professional services under a special contract, a bill previously presented, not mentioning the contract, was inadmissible to disprove that such a contract had been made.</p> <p>4. Where a contract to pay a physician from $200 to $400 for an operation was sued on, and the court erred in directing a verdict for $250, as no evidence was offered to allow a recovery in excess of $200, under Comp. Laws, § 3536, providing that, where a contract does not determine the amount of the consideration, it must he so much as the object of the contract is worth, it was proper for the court, on discovering the error, to require plaintiff to remit $50, and deny defendant’s motion for a new trial.</p>