Mays v. Patterson

Citations

• 20 Pa. Super. 92
• 1902 Pa. Super. LEXIS 189

Syllabus

<p>Contract — Consideration—Settlement of doubtful right.</p> <p>While the settlement of a doubtful right may furnish consideration for a promise, yet such promise to be enforceable must be definite in its terms.</p> <p>In an action by a physician to recover for medical attendance, an affidavit of defense is insufficient which avers that there liad been a dispute between the parties as to a previous bill of the plaintiff; and that the payment of that bill was the consideration for an agreement by the plaintiff to render to the defendants such general advice and prescriptions as would be needed by the defendant from time to time, if said defendant would pay said disputed bill, and that the charges contained in the plaintiff's account were charges for services rendered by plaintiff to defendant in consideration of the payment of the disputed bill. Such an alleged promise is uncertain and indefinite as to the character of the professional services to be performed, as to the place of their performance, and particularly as to the time during which the services should continue.</p>