92 ESSENTIALS OF VETERINARY LAW 



be added on either side there should be a definite 

 agreement in writing. For example: It is not 

 ordinarily understood that there is any warranty 

 on the part of the physician or surgeon as to the 

 results of his services, not even that they will be 

 beneficial.^ A conditional contract between a 

 patient and his physician, that if the physician 

 effect a cure he should receive a reasonable com- 

 pensation, is valid.- 



71. Competency. Where there is no law regu- 

 lating the practice of veterinary medicine it has 

 been held, in an action to recover for professional 

 services, that the plaintiff must prove his quali- 

 fications as a veterinarian.^ In other words, where 

 the law imposes no restriction or qualification in 

 the practice of the profession, the fact that a 

 man renders a service is not of itself evidence that 

 he is entitled to compensation as a veterinarian. 

 He might be regarded as simply entitled to com- 

 pensation for his labor, and not for professional 

 opinion and knowledge. 



Where the law regulates the practice, by re- 

 quiring either registration or license, there has 

 been some difference of interpretation as to re- 

 quirements in suits for professional fees. Thus, 

 in England it has been held that the fact that an 

 apothecary's assistant had been paid for medi- 

 cines could not be considered as proof that he was 



1 Tefft V. Wilcox, 6 Kas. 46 ; 7 Carr, & P. 81; Patten v. 



Styles V. Tyler, 64 Conn. 432, Wiggin, 51 Me. 594. 

 30 Atl. 165; McCandless v. 2 Mock v. Kelly, 3 Ala. 387. 



McWha, 22 Harris (Pa.) 261; 3 Conkey v. Carpenter, 106 



Gallaher v. Thompson, Wright Mich. 1, 63 N. W. 990. 

 (Ohio) 466; Hancke v. Hooper, 



