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Contracts Keyed to Whaley
Hawkins v. McGee
Citation:
Supreme Court of New Hampshire, 1929. 84 N.H. 114, 1146 A. 641.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Hawkins was an eleven year old boy who burned his hand on a wood-burning stove. McGee performed surgery on Hawkins to remove scar tissue from his hand, and replace it with a skin graft from Hawkin’s chest. McGee guaranteed the success of the surgery to Hawkins and his family by stating “I will guarantee to make the hand a hundred percent perfect hand.” The surgery was not performed successfully, as hair grew on Hawkins’ hand. Subsequently, Hawkins sued McGee for breach of an alleged warranty of the success of the operation, seeking to recover damages for the pain and suffering of the operation as well as the ill effects he suffered afterwards.
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