McDONOUGH, Chief Justice.
This is an appeal from a summary judgment which disposed of defendant's counterclaim.
In June, 1952, defendant was injured in an auto accident. Plaintiff, a physician, attended her in Idaho for about a month. Plaintiff was not paid and he sued defendant in the City Court of Salt Lake City, obtaining a default judgment when defendant failed to answer. She appealed, however, to the District Court, where, for the first time, she asserted...
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