If the defendant said that he would guarantee a perfect result, and the plaintiff relied upon that promise, any mental reservations which he may have had are immaterial. Action by George Hawkins against Edward R. B. McGee. 902; Isaacs v. Jackson, etc., Co., 108 Kan. 17, 193 P. 1081; Paducah Hosiery Mills Co. v. Proctor, 210 Ky. 806, 276 S. W. 803; Pioneer Co. v. McCurdy, 151 Minn. 304, 186 N. W. 776; Christian, [644] etc., Co. v. Goodman, 132 Miss. The doctor promised him a perfect hand. This is the old version of the H2O platform and is now read-only. 641 (N.H. 1929), is a leading case on damages in contracts handed down by the New Hampshire Supreme Court.It has come to be known as the "Hairy Hand" case from the circumstances, because a subsequent decision uses the phrase. This Hawkins vs McGee case is examined and studied by students to this day. To this instruction the defendant seasonably excepted. Hawkins appealed to the New Hampshire Supreme Court. Damages not thus limited, although naturally resulting, are not to be given. His father, Charles, was approached by Edward R. B. McGee, a local doctor in Berlin, New Hampshire, about having the scars removed. The substance of the charge to the jury on the question of damages appears in the following quotation: "If you find the plaintiff entitled to anything, he is entitled to recover for what pain and suffering he has been made to endure and for what injury he has sustained over and aDove what injury he had before." This is the old version of the H2O platform and is now read-only. On appeal, a new trial was ordered. The only substantial basis for the plaintiff's claim is the testimony that the defendant also said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand." 03-19-2019 "A young man named George had surgery to correct an ugly scar on his hand. Va. 300, 128 S. E. 389. 732, 733. Hawkins v. McGee. Hawkins v. McGee: Court Supreme Court of New Hampshire Citation 84 N.H. 114, 146 A. Thank you. 7 was as follows: "If you should get so far as to find that there was a special contract guaranteeing a perfect result, you would still have to find for the defendant unless you also found that a further operation would not correct the disability claimed by the plaintiff." [3], Professor Kingsfield refers to the "Hairy Hand" case in the opening scene of the popular movie The Paper Chase. 171, 175, 49 N. E. 773; Adams Hardware Co.v. Verdict for the plaintiff. 5, which reads as follows: "You would have to find, in order to hold the defendant liable in this case, that Dr. McGee and the plaintiff both understood that the doctor was guaranteeing a perfect result from this operation." The Facts. After the operation, Hawkins was left with a had that was arguably in worse condition than prior to the surgery. Magee is entitled to monetary compensation for the harm. 3. 641 (N.H. 1929) parties’ names volume book page no. This means you can view content but cannot create content. The scar tissue was the result of a severe burn caused by contact with an electric wire, which the plaintiff received about nine years before the time of the transactions here involved. Hawkins v. McGee Case Brief - Rule of Law: See held section because there are rules concerning the formation of a contract and damages in this case. Whether words spoken may properly be found by the jury to have had a contractual import is a preliminary question of law for the trial court. The hand was unsatisfactory after the operation (it became covered in hair). Matthew J. Ryan and Crawford D. Henlng, both of Berlin, for defendant. P had sustained the hand injury nine years prior to the operation in an accident which had no relation to D. D spoke the words, “I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand.” The defendant argues, however, that, even if these words were uttered by him, no reasonable man would understand that they were used with the intention of entering "into any contractual relation whatever," and that they could reasonably be understood only "as his expression in strong language that he believed and expected that as a result of the operation he would give the plaintiff a very good hand." Hawkins v McGee brief: In this case, the defendant is the surgeon McGee. Hawkins_v_McGee 1 point 2 points 3 points 1 month ago You understand that the money you invest isn't just sitting in a vault somewhere, right? Respondent United States . Issues and Holdings: Be sure to use legal terminology or legal concepts covered in your textbook on tort law. 20 . You can simply "Google" the case name and you will get more than you want or need to respond to this Discussion post. 641 (1929) Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. Harvard contract law classes actually began with this lesson for many years as part of Oliver Wendell Holmes Jr.'s theory that the study of contract law should begin with the remedies for a broken promise. Professor Stockmeyer offered his thoughts on why he believes Contracts is the most significant course in the first-year curriculum, why the study of contract law should begin with the subject of remedies, and why Hawkins v. McGee (the “hairy hand” case made famous by the book and movie versions of The Paper Chase) makes an ideal starting point. Equally inaccurate was defendant's request No. Then Hawkins appealed. 3 Williston Cont. Case Brief Class Notes PROCEDURAL History: (also called procedural posture) suit over scar tissue operation; trial court allowed jury to consider if contract was made; appeal; FACTS breach of contract suit. Verdict for the plaintiff. This case has been a staple of casebookson contract law for decades, and has come to be known as the "Hairy Hand Case" (or, sometimes, the "Case of the Hairy Hand") because the subsequent decision in McGee v. United States Fidelity & Guaranty Co., 53 F.2D 953 (1st Cir. 1. Relevant Facts. 2. Davis v. New England Cotton Yarn Co., 77 N. H. 403, 404, 92 A. The writ also contained a count in negligence upon which a … In view of the testimony that the defendant had refused to perform a further operation, it would clearly have been erroneous to give this instruction. The question of the making of the alleged contract was properly submitted to the jury. 1931) uses the phrase. Trial by jury. 641 (1929), better known as The Hairy Hand Case.. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. 1. Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. The doctor used skin from the boy's chest. In 1922, in the early days of plastic surgery, a boy burnt the palm his hand by handling an electrical wire. The extent of the plaintiff's suffering does not measure this difference in value. Hawkins v. McGee , 84 N.H. 114, 146 A. Because McGee used skin from Hawkins's chest area, the graft caused the palm of Hawkins' hand to grow thick hair. Hawkins brought suit against McGee on the ground that McGee violated an alleged warranty for the success of the operation. 327; General Motors, etc., Co. v. Shepard Co., 47 R. I. Hawkins sued under a theory of breach of contract in 1926 and was paid for damages from the pain from the operation and the damage the operation had caused to his hand. Thank you. Hawkins v. McGee. 1. Transferred on exceptions. The surgeon grafted skin from George’s chest onto his hand. It did not turn out that good, and Hawkins sued for assumpsit [1] in trial court in New Hampshire . Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. 641 (N.H. 1929) Branch, J. The results were not achieved and suit was brought. Docket no. 5. The court found only that this was the proper measure of damages in a case of this kind in New Hampshire. The trial court instructed the jury that if it found Hawkins was entitled to relief, it should award him damages based on his pain and suffering from the operation, as well as the additional ill effects he suffered from the operation beyond his existing injury. It was a legal detriment suffered by him which constituted a part of the consideration given by him for the contract. 825; Cavanagh v. Stevens Co., 24 S. D. 349, 123 N. W. 681; Foutty v. Chalniax Co., 99 TV. Research the 1929 case of Hawkins v. McGee and provide your understanding of this case in detail. Hawkins testified that McGee guaranteed the hand would turn out “100% perfect” or “100% good”. A doctor, Defendant McGee, operated on Plaintiff Hawkins’ hand and performed a skin graft. The facts are stated in the opinion. Hawkins v. McGee, 84 N.H. 114, 146 A. 3 Williston Cont. McGee used a technique of "skin grafting" that he was unfamiliar with and failed to remove the scars. During the argument of plaintiff's counsel to the jury, the defendant claimed certain exceptions, and also excepted to the denial of his requests for instructions and to the charge of the court upon the question of damages, as more fully appears in the opinion. It must be assumed that the trial court, in setting aside the verdict, undertook to apply the same rule of damages which he had previously given to the jury, and, since this rule was erroneous, it is unnecessary for us to consider whether there was any evidence to justify his finding that all damages awarded by the jury above $500 were excessive. Except George had a hairy chest, so now he had a hairy hand as well. George Hawkins had a considerable amount of scar tissue on his hand, caused by a sever burn from an electrical wire. Read chapter 6. Transferred on exceptions. It represented a part of the price which he was willing to pay for a good hand, but it furnished no test of the value of a good hand or the difference between the value of the hand which the defendant promised and the one which resulted from the operation. The surgery was not a success. 84 N.H. 114, 146 A. There was evidence to the effect that before the operation was performed the plaintiff and his father went to the defendant's office, and that the defendant, in answer to the question, "How long will the boy be in the hospital?" On McGee’s motion, however, the trial court set aside the verdict as excessive. 641 (1929) Date decided 1929 Facts: Defendant Dr. McGee promised Plaintiff Hawkins that his hand would be a "one hundred percent good hand" after a skin graft operation. Hawkins . Hawkins v. McGee, 84 N.H. 114, 146 A. Facts: The plaintiff received a skin graft from a doctor who promised to improve the look of the plaintiff's hand, which had been severely burned. The court denied the motion upon the first three grounds, but found that the damages were excessive, and made an order that the verdict be set aside, unless the plaintiff elected to remit all in excess of $500. 692; Hardie, etc., Co. v. Easton, etc., Co., 150 N. C. 150, 63 S. E. 676, 134 Am. This is a brief summary of Hawkins v. McGee, 146 A. Hawkins v. McGee. A doctor agreed to perform a surgical procedure on a patient's hand, and promised certain results. Decided by Warren Court . 2, that "the only issue on which you have to pass is whether or not there was a special contract between the plaintiff and the defendant to produce a perfect hand." 172. This case is famous for its mention in the John Jay Osborn, Jr. novel The Paper Chase and in the film version of that work, as … It has come to be known as the "Hairy Hand" case from the circumstances, because a subsequent decision uses the phrase. "The only losses that can be said fairly to come within the terms of a contract are such as the parties must have had in mind when the contract was made, or such as they either knew or ought to have known would probably result from a failure to comply with its terms." The companies … Hawkins v. McGee, 84 N.H. 114, 146 A. McGee guaranteed him a perfect hand and express his strong willing for the opportunity, Both of Hawkins and his father consented to the operation. If the jury accepted this part of plaintiff's contention, there would be a reasonable basis for the further conclusion that, if defendant spoke the words attributed to him, he did so with the intention that they should be accepted at their face value, as an inducement for the granting of consent to the operation by the plaintiff and his father, and there was ample evidence that they were so accepted by them. New trial. You can access the new platform at https://opencasebook.org. 732, 733, Hurd v. Dunsmore, 63 N. H. 171. § 1341. The plaintiff was present when these words were alleged to have been spoken, and, if they are to be taken at their face value, it seems obvious that proof of their utterance would establish the giving of a warranty in accordance with his contention. Ovide J. Coulombe and Ira W. Thayer, both of Berlin, for plaintiff. 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