Forman v. Wolfson

This is an action of contract by writ dated December 10, 1945, for breach of warranty in an alleged oral contract whereby the defendant, a physician and surgeon, agree'd for consideration to correct a malformation of the plaintiff’s nose, without leaving any permanent injury or disfigurement. The defendant in his answer, among other defences, sets up res judicata. The action was tried to a jury and at the conclusion of the. evidence, upon motion, the judge directed a verdict for the defendant. The action comes here upon the plaintiff’s exceptions.

The evidence most favorable to the plaintiff…