Contracts

CITATION: Hawkins v. McGee

New Hampshire Supreme Court, 1929.
84 N.H. 114, 146 A. 641
PARTIES: Plaintiff
!efen"ant
CAUSE OF ACTION:
DEFENSE(s):
PROCEDURAL HISTOR: #ur$ trial % Court foun" trial courts char&e to the 'ur$ was
erroneous (the trial court ha" instructe" that the 'ur$ coul" consi"er the (1) *pain + sufferin& "ue
to the operation, an" (2) positi-e ill effects of the operation upon the P.s han"/,
0t or"ere" a new trial on the calculation of "ama&es (court of Appeals). 1e ta2e up the 3uestion
of "ama&es in such a case
FACTS:
4emo-al of scar tissue from P.s ri&ht han"
5raft from P.s chest for han"
! sai", *0 will &uarantee to ma2e the han" a hun"re" percent perfect6&oo" han"/
o 5i-in& of a warrant$ to P
! claims it was not a warrant$ % no reasona7le man woul" un"erstan" the$ were use" for
enterin& into a contract
8ther factors that cause P to ta2e it as a warrant$
o ! repeate"l$ solicite" from P.s father opportunit$ to "o the &raft
o 9heor$ % ! wante" to *e:periment on s2in &raftin&/
ISSUE(s): whether the wor"s coul" possi7l$ ha-e the meanin& impute" to them 7$ the part$
who foun"s his case upon a certain interpretation
;<uestion of "ama&es;
RULES OF LA!:
HOLDING:
REASONING:
DISPOSITION:
COMMENTS: