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Contracts Keyed to Fuller
McQuaid v. Michou
Citation:
85 N.H. 299, 157 A. 881 (1932)Facts
Mary McQuaid, suffering from a disease, sought treatment from Nicholas Michou, a physician. According to the plaintiff’s testimony, Michou promised to cure her disease through a series of five weekly injections. The plaintiff claimed she relied on this promise in agreeing to undergo the treatment. The treatment involved severe side effects that were allegedly beyond what was represented to her, causing her to discontinue after three injections. The promised cure was not achieved. Previously, McQuaid had sued Michou for negligence in his performance of the contract, but the defendant prevailed in that action. McQuaid then brought this separate action for breach of the promise to cure. The defendant testified that he knew the plaintiff’s disease was incurable when he undertook to treat her, claiming he only promised to help and improve her condition, not cure it.
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