HAWKINS V. McGEE
84 N.H. 114, 146 A. 641 (1929)
NATURE OF THE CASE: This was a case in assumpsit against a surgeon McGee (D) for a breach
of an alleged warranty on some surgery. D appealed the decision of the lower court issuing
judgment in favor of patient, Hawkins (P) in his suit for breach of contract and warranty
regarding an operation that defendant performed on P's hand.
FACTS: P wanted an operation to remove scar tissue from the palm of his hand that
resulted from an accident nine years before. Before the operation was performed P and his
father went to D and sought the answer to the question of how long P would be in the
hospital. D replied that it would be not over four days and that in a few days after his
return back home the boy could go back to work with a perfect hand. D was also alleged to
state that he would make the hand a hundred percent perfect or one hundred percent good. The
jury returned a verdict for P and the judge ordered remittitur and the P refused. The case
was appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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