Sellers v. Noah

The appellee was awarded a judgment for damages in his action against appellant, a surgeon, Who, the com- , plaint charges, breached his contract with appellee in performing an operation for appendicitis upon appellee. The breach averred consisted in leaving a “needle or a portion of a needle” in the appellee’s body.

The counts declare upon the breach of the surgeon’s contract. - They are not in tort; the reference to negligence therein being but descriptive of the method or means whereby the contract was breached. W. U. Tel. Co. v. Crumpton, 138 Ala. 632, 641, 36 South. 517. This .…