Hawkins v. McGee
Supreme Court of New Hampshire
146 A. 641 (1929)
George Hawkins (plaintiff) had scarred skin on his hand. Dr. Edward McGee (defendant) performed a skin-graft operation to remove the scar tissue, and allegedly guaranteed beforehand that the surgery would leave Hawkins with a "one hundred percent good" hand. The graft, taken from Hawkins's chest, instead caused thick hair to grow on his palm, leaving him worse off than before. Hawkins sued for breach of the guaranteed outcome. The trial court instructed the jury to award damages for Hawkins's pain and suffering and for the operation's ill effects beyond his original injury. The jury awarded damages, but the trial court found the verdict excessive and conditioned its standing on Hawkins accepting a reduced amount, which Hawkins refused, so the verdict was set aside. Hawkins appealed.
Whether a non-breaching party to a contract may recover damages for unforeseen losses — such as pain and suffering from the procedure itself — based on the other party's breach, or whether damages must instead reflect only the difference in value between the promised and actual outcome.