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The following section is to enter opinion authorship for each opinion part (concurrences, dissents, etc.).
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'''Relevant Facts''' The plaintiffs were doctors and the defendant was a man injured in an accident. He was thrown from a street car, and received serious injuries. Some spectator notified the doctors of the injury, and they performed a difficult operation in an effort to save his life. They wanted to charge his estate for the surgery. '''Procedural History''' Judgment for the plaintiffs, to which the defendant appealed. '''Issues''' # Whether one can recover from a contract which is implied but never expressly agreed to. # Whether the estate and financial situation of one entering a quasi contract can be considered in determining the cost of services rendered. '''Holding/Decision''' Judgment reversed and the case remanded. '''Rules''' A constructive contract is a legal fiction because there was no promise and agreement, but is necessary for the sake of remedy. The financial condition of a patient cannot be considered when there is no contract and recover is sustained on a legal fiction which raises a contract in order to afford a remedy which the justice of the case requires.