Cotnam v. Wisdom Case Brief Summary | Law Case Explained

Cotnam v. Wisdom | 104 S.W. 164 (1907)

Can an unconscious person enter into a binding contract? The answer would seem to be no, since someone who’s unconscious can’t come to a meeting of the minds with another party. But it’s possible for an obligation to arise in a way that binds even the unconscious patient. In the 1907 case of Cotnam versus Wisdom, the Arkansas Supreme Court considered how this might happen.

A. M. Harrison was badly injured and struck unconscious in a streetcar accident. A surgeon, Doctor F. L. Wisdom and a colleague of his were summoned to treat Harrison. The doctors performed surgery, but it was unsuccessful. Harrison died without ever waking up.

The surgeons submitted a bill for their professional services to T. T. Cotnam, the administrator of Harrison’s estate. Cotnam refused to pay, claiming that because Harrison was never conscious, he couldn’t have agreed to the surgery or promised to pay for it.

The surgeons sued Harrison’s estate for their fees. The Pulaski County Circuit Court, after a jury trial, awarded the surgeons a judgment. Cotnam appealed to the Arkansas Supreme Court.

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