Cotnam v. Wisdom
Cotnam v. Wisdom | |
Court | Supreme Court of Arkansas |
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Citation | 83 Ark. 601 104 S.W. 164 (1907) |
Date decided | 1907 |
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.