Brief Fact Summary
The deceased was thrown from a street car and he hit his head on the curve and was unconscious. The plaintiffs, two physicians, performed surgery on the deceased while he was unconscious, but the plaintiffs were unable to save his life. The defendant, administrator of the deceased, did not pay the plaintiffs for their services because the defendant argued that since the deceased was unconscious, no contract was made between the deceased and the plaintiffs.

Rule of Law and Holding
A contract implied by law rests upon no evidence. It has no actual existence; it is simply a mythical creation of the law. The law says that it shall be taken that there was a promise when, in point of fact, there was none.