91 Ga. 180 | Ga. | 1893
Suit by Dr. Crowder against Bachel M. Keys, on an account for medical services to James Keys. Non-suit was granted, and the plaintiff excepted. The ground of the motion for nonsuit was, that the case was within the statute of frauds. The evidence is, in brief, as follows : The defendant told one Mallicoat to go after Dr. Crowder and ask him to come and see her son, J. M. Keys, a widower about 35 years old, who was then living in the house with her, and was very sick with typhoid fever. She said for Mallicoat to tell Dr. Crowder that she would see that he was paid, if he would come and wait on her son; that she had her home, mules, cattle, wagon and crop; and that if he would come she would see that he was paid. Mallicoat went and told Dr. Crowder that he had come for him