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Parties

Injured patient (P) v. Surgeon (D)

Nature of Case

Action in assumpsit for breach of an alleged warranty.

Fact Summary

McGee (D), a surgeon, performed an unsuccessful operation on Hawkins's (P) hand after having guaranteed to make the hand 100 percent perfect. Hawkins (P) was awarded damages for pain and suffering and for "what injury he has sustained over and above the injury he had before."

Rule of Law

The purpose of awarding damages for breach of contract is to put the plaintiff in as good a position as he would have been in had the defendant kept his contract.

Facts

McGee (D), a surgeon, performed an operation on Hawkins's (P) hand.
Before the operation, McGee (D) had repeatedly solicited an opportunity to perform the operation and had guaranteed to make the hand 100 percent perfect.
The operation was not successful, and Hawkins (P) sought to recover on the basis of McGee's (D) warranty.
The trial court instructed the Jury that Hawkins (P) would be entitled to recover for his pain and suffering and for "what injury he has sustained over and above the injury he ha before."

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