Wednesday, December 18, 2013

Lawrence v. Anderson case brief

Lawrence v. Anderson case brief summary
184 A. 689 (1936)

Appeal from an order of the Chittenden Municipal Court (Vermont) granting defendant's motion for directed verdict in a contract action brought by plaintiff to recover for medical services rendered to defendant's father.

Plaintiff rendered emergency medical services to defendant's father, who had been injured in an automobile accident, after receiving a call from defendant. According to a witness, defendant not only requested the services, but also promised to pay plaintiff. A few days later, defendant's father died from the effects of his injuries. Plaintiff sent his bill to the father's estate and widow. Both failed to pay. Plaintiff then sued the daughter to collect payment for his services. The trial court granted defendant's motion for a directed verdict.


  • On appeal, the court found that the original charges were made against the father because plaintiff considered him responsible for them. 
  • Having given credit to the father, plaintiff could not then turn defendant's sole obligation into a joint obligation without her express agreement.

Court affirmed directed verdict for defendant in a contract action by plaintiff to collect for medical services rendered to defendant's father because plaintiff had given credit to defendant's father and considered him primarily responsible for payment.

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