Bennett

This is an action by plaintiff as assignee of Dr. Evans, a duly licensed doctor of dental surgery for the reasonable value of professional dental services rendered at the request of defendants in and about the mouth of Evelyn A. Hoge, one of the defendants. On defendants’ demand the case was tried by a jury and a verdict rendered for the full amount prayed for in the complaint, to wit, $617, and defendants appeal from the judgment.

Defendants contended there was an express agreement to do the work for $503, with the possible increase or decrease of said amount by $10, and that the services alleged to have been rendered were performed in a careless, negligent and unskilful manner and that defendant Evelyn A. Hoge was caused great pain and suffering, to her damage in the sum of $5,000.

The evidence of Dr. Evans and his assistant clearly showed that the sum of $503 mentioned for the work on his employment was a mere estimate only, and although defendants’ evidence tended to the contrary, the jury having determined the facts on the evidence against the defendants, that determination is binding upon this court.

The evidence was ample upon which to base the jury’s verdict that the…