Culverhouse v. Jackson

Court of Appeals of Georgia

Culverhouse v. Jackson

194 S.E.2d 585, 127 Ga. App. 635, 1972 Ga. App. LEXIS 981

CourtCourt of Appeals of Georgia

DecidedNovember 28, 1972

Docket47381

StatusPublished

Cited by3 cases

This text of 194 S.E.2d 585 (Culverhouse v. Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Culverhouse v. Jackson, 194 S.E.2d 585, 127 Ga. App. 635, 1972 Ga. App. LEXIS 981 (Ga. Ct. App. 1972).

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Opinion

Bell, Chief Judge.

A physician in an action to recover for professional services rendered has the burden of proving their value as represented by the ordinary and reasonable fee for the services. Fincher v. Davis, 27 Ga. App. 494 (108 SE 905); Yeates v. Boyd, 50 Ga. App. 331 (177 SE 921). In this action in which a physician alleged an amount due on account, the defendant filed a verified answer denying the amount of the indebtedness. The case was tried by the court without a jury and judgment was rendered in the amount sued for. At trial the only evidence presented by plaintiff to prove the debt was the *636 testimony of defendant upon cross examination. The defendant admitted that his wife was treated by the plaintiff, that he acknowledged receipt of a bill for services rendered to his wife in the amount sought in this suit, and that he had not paid it. No proof was submitted as to the ordinary and reasonable value of the services. Thus the evidence was insufficient to authorize the judgment.

Submitted September 5, 1972 Decided November 28, 1972. Lee Payne, for appellant. Curtis M. Cook, John W. Bland, Jr., for appellee.

Judgment reversed.

Evans and Stolz, JJ., concur.

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Bell, Chief Judge.

A physician in an action to recover for professional services rendered has the burden of proving their value as represented by the ordinary and reasonable fee for the services. Fincher v. Davis, 27 Ga. App. 494 (108 SE 905); Yeates v. Boyd, 50 Ga. App. 331 (177 SE 921). In this action in which a physician alleged an amount due on account, the defendant filed a verified answer denying the amount of the indebtedness. The case was tried by the court without a jury and judgment was rendered in the amount sued for. At trial the only evidence presented by plaintiff to prove the debt was the *636 testimony of defendant upon cross examination. The defendant admitted that his wife was treated by the plaintiff, that he acknowledged receipt of a bill for services rendered to his wife in the amount sought in this suit, and that he had not paid it. No proof was submitted as to the ordinary and reasonable value of the services. Thus the evidence was insufficient to authorize the judgment.

Submitted September 5, 1972 Decided November 28, 1972. Lee Payne, for appellant. Curtis M. Cook, John W. Bland, Jr., for appellee.

Judgment reversed.

Evans and Stolz, JJ., concur.

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194 S.E.2d 585, 127 Ga. App. 635, 1972 Ga. App. LEXIS 981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culverhouse-v-jackson-gactapp-1972.

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