This section contains the nature of the case and procedural background.

Gault (P) sued Sideman (D), a doctor, for an alleged contract to heal. P alleged that D advised P that his said condition could be cured by a surgical operation on the spine. D recommended that P submit himself to such an operation for the cure of his said condition. P claimed in that in reliance upon D’s representations that they could alleviate and cure his condition, he submitted to the operation. P contends that this was an express contract because D agreed that they would cure P by an operation. The verdict was directed to D, and P appealed.

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