Meyers

The action was for the recovery of the sum of $390.25 for services rendered by plaintiff as physician and surgeon and by his assignees, W. B. Johnson and Sacramento Valley Hospital (a corporation), and the judgment was in his favor for $359.25.

The only question in this case is whether the evidence warranted the court in finding that the transaction between plaintiff and defendant created an original or primary obligation on the part of the latter, it being his contention that he was, at most, a guarantor, and that the obligation was void because not in writing. The facts are similar and the same question is presented in the matter of the two small assigned claims.

We think that there can be no doubt that the theory adopted by the trial court finds sufficient support in the record. The services were performed for one P. J. Williams, and Dr. Meyers was called to attend him on the fifth day of October. Two days thereafter, according to plaintiff’s testimony, he had the following conversation with the defendant at the Sacramento Valley Hospital: “I asked him whether he would pay Mr. Williams’ bill. I told him I had an understanding he was going to pay the bill and he said he would.…