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Hawkins v. McGee
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| Hawkins v. McGee | |
| Court | New Hampshire Supreme Court |
|---|---|
| Citation | 84 N.H. 114, 146 A. 641 (1929) |
| Date decided | June 4, 1929 |
Facts
When he was 11 years old, Hawkins got his hand burned by an electrical wire in the kitchen. As a result, his hand became burned & scarred.
Defendant Dr. McGee promised Plaintiff Hawkins that his hand would be a "100% good hand" after a skin graft operation. The hand was unsatisfactory after the operation (the palm became covered in hair).Procedural History
Hawkins sued McGee for breach of contract.
The jury was instructed to award damages based on restitution damages (the difference between Hawkins's prior hand and his now-hairy hand).Issues
Was what the Dr. said really a promise? Were the instructions to the Jury proper?
Holding
Yes, it was part of a valid contract. No, jury instructions were improper.
Judgment
New trial ordered.
Reasons
The jury instructions should have specified expectation damages (the difference between a perfect hand as promised and the actual condition of the hand).
Comments
- "Case of the Hairy Hand." It is famous for its mention in the movie and novel The Paper Chase.
Case Text Links
