| Court: |
Supreme Court of New Hampshire |
|
| Facts: |
McGee implied that he could fix a scar on Hawkins's hand by a skin graft.
He exaggerated his expertise and the probability of success, it would
seem. The hand was left easily wounded, and covered in hair. Much
humiliation and anguish ensued. |
|
| Posture: |
Initial trial court found for the plaintiff, but defendant found the
damages were excessive. Plaintiff and defendant could not agree on
damages, so the case was sent to the supreme court. |
|
| Issue: |
Whether indeed there was a contract with warranty, and how damages
should be set. |
|
| Holding: |
Several:
- The question of a contract was handled appropriately.
- Pain and suffering are irrelevant (they're part of the
promisee's consideration), so they should not be part
of damages.
- Actual damages should be the difference between the value
of the hand as delivered by the plaintiff and the value
of a the hand as promised (i.e., perfect)
- Some other details about instructions, etc.
|
|
| Rule: |
This is a strict contracts matter; torts are irrelevant. |
|
| Reasoning: |
By analogy to contracts to deliver a special machine. |
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| Dicta: |
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