P wanted an operation to remove scar tissue from the palm of his hand that resulted from an accident nine years before. Before the operation was performed P and his father went to D and sought the answer to the question of how long P would be in the hospital. D replied that it would be not over four days and that in a few days after his return back home the boy could go back to work with a perfect hand. D was also alleged to state that he would make the hand a hundred percent perfect or one hundred percent good. The jury returned a verdict for P, and the judge ordered remittitur, and the P refused. The case was appealed.

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