Hawkins v. McGee
2
Contracts CITATION: Hawkins v. McGee New Hampshire Supreme Court, 1929. 84 N.H. 114, 146 A. 641 PARTIES: Plaintiff: Defendant CAUSE OF ACTION: DEFENSE(s): PROCEDURAL HISTORY: Jury trial – Court found trial courts charge to the jury was erroneous (the trial court had instructed that the jury could consider the (1) “pain & suffering due to the operation; and (2) positive ill effects of the operation upon the P’s hand”, It ordered a new trial on the calculation of damages (court of Appeals). We take up the question of damages in such a case FACTS: Removal of scar tissue from P’s right hand Graft from P’s chest for hand D said, “I will guarantee to make the hand a hundred percent perfect/good hand” o Giving of a warranty to P D claims it was not a warranty – no reasonable man would understand they were used for entering into a contract Other factors that cause P to take it as a warranty o D repeatedly solicited from P’s father opportunity to do the graft o Theory – D wanted to “experiment on skin grafting”
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Case Brief
Transcript of Hawkins v. McGee
Contracts
CITATION: Hawkins v. McGeeNew Hampshire Supreme Court, 1929. 84 N.H. 114, 146 A. 641
PARTIES: Plaintiff: Defendant
CAUSE OF ACTION:
DEFENSE(s):
PROCEDURAL HISTORY: Jury trial – Court found trial courts charge to the jury was erroneous (the trial court had instructed that the jury could consider the (1) “pain & suffering due to the operation; and (2) positive ill effects of the operation upon the P’s hand”, It ordered a new trial on the calculation of damages (court of Appeals). We take up the question of damages in such a case
FACTS: Removal of scar tissue from P’s right hand Graft from P’s chest for hand D said, “I will guarantee to make the hand a hundred percent perfect/good hand”
o Giving of a warranty to P D claims it was not a warranty – no reasonable man would understand they were used for
entering into a contract Other factors that cause P to take it as a warranty
o D repeatedly solicited from P’s father opportunity to do the grafto Theory – D wanted to “experiment on skin grafting”
ISSUE(s): whether the words could possibly have the meaning imputed to them by the party who founds his case upon a certain interpretation*Question of damages*
RULES OF LAW:
HOLDING:
REASONING:
DISPOSITION:
COMMENTS:
