Dr. Lawrence (plaintiff) was called to the scene of an automobile accident in which John Anderson had been injured. Mr. Anderson’s daughter (defendant) was present and asked Lawrence to do anything necessary to help her father. She told Lawrence that she would pay whatever he charged. Lawrence treated the father at the hospital to which he was brought, but Mr. Anderson eventually succumbed to his injuries. Lawrence then sent bills to Mr. Anderson’s estate and widow, and he retained an attorney to help him collect. Little progress was made, however. Approximately a year and a half after the accident, Lawrence filed suit against Ms. Anderson, the daughter. After Lawrence’s case was presented at a jury trial, the judge directed a verdict for Ms. Anderson on her motion. Lawrence appealed.