Cotnam v. Wisdom
Supreme Court of Arkansas
104 S.W. 164 (1907)
Surgeons Wisdom and a colleague (plaintiffs) performed emergency surgery attempting to save the unconscious Harrison after he was thrown from a streetcar, but he died without regaining consciousness; Harrison's estate administrator, Cotnam (defendant), refused payment on the theory Harrison, being unconscious, could never have assented to treatment, and the jury, instructed it could consider Harrison's ability to pay in setting a reasonable fee, awarded the surgeons their fees.
Whether the court can imply a contract where there is no actual agreement to form an enforceable contract between the parties but where physicians render services to persons who are unable to contract due to their condition and require payment for those services.