Deaton v. Lawson

• Decision Date: 14 November 1905
• Citation: 40 Wash. 486,82 P. 879
• Court: Washington Supreme Court
• Parties: DEATON v. LAWSON et al.

82 P. 879

40 Wash. 486

DEATON v. LAWSON et al.

Supreme Court of Washington

November 14, 1905

Appeal from Superior Court, King County; Boyd J. Tallman, Judge.

Action by Calvin C. Deaton against O. V. Lawson and another. From a judgment for plaintiff, defendants appeal. Affirmed.

Graves, Palmer, Brown & Murphy, for appellants.

Sweeney & Steiner, for respondent.

RUDKIN J.

On the 18th day of March, 1903, the plaintiff and the defendant O V. Lawson entered into the following written contract 'This contract and agreement, entered into this 18th day of March, 1903, by and between the officers of the State Medical Institute and the physician in charge, located at Seattle, state of Washington, the party of the first part and C. C. Deaton, of Seattle, Washington, the party of the second part, witnesseth. That the party of the first part agrees and contracts to render professional services to the party of the second part until the party of the second part shall be cured of a certain disease, concerning which the party of the second part has this day consulted the party of the first part. The party of the second part, for and in consideration of the above agreement, does hereby agree and contract to pay the party of the of the first part the sum of _____ dollars ($469.00), as follows, viz.: By cash, $469.00. It is also agreed that the party of the second part follow directions carefully, and to take the medicines and remedies as prescribed from time to time by the party of the first part until a complete cure is effected. In witness whereof, the respective parties have hereunto set their hands and seals this 18th day of March, 1903. C. C. Deaton. S. M. Inst.' The circumstances leading up to the execution of this contract, as detailed by the plaintiff, are these: The plaintiff, at the time, was suffering from indigestion and other ills, and called at the office of the State Medical Institute for treatment. He there consulted with the defendant Lawson and with Dr. Richards, a physician in the employ of the defendant, and they guarantied to cure him within three months, for the sum of $85. When the plaintiff came to pay the defendant Lawson, he exhibited a considerable sum of money in addition to the $85. On sight of such additional sum, the defendant Lawson forthwith represented to the plaintiff that he could give a different treatment which would effect a permanent cure within six weeks, but that it would cost more. The above contract is the result. The plaintiff received some medicine on the day of the execution of the contract, and returned on the following day for further treatment, as directed. On the evening of the second day he told his father what he had done, and his father refused to permit him to take further treatment from the defendants. After this, the plaintiff never returned to the defendants' office, and refused to take further medicine or receive further treatment from them. This action was brought to recover the money paid under the contract. The pleadings admit that the State Medical Institute is owned, operated, managed, and controlled by the defendant Lawson. The execution of the contract and the payment of the $469 are also admitted. The court found that the defendant Lawson was not entitled to practice medicine under the laws of the state of Washington, not having a license to so practice, as provided by the statutes of said state; that the State Medical Institute has in its employ one Dr. Richards, a...