Supreme Court of Alabama January 4, 1923, 7 Div. 337. (Sellers v. Noah)

McCLELLAN, J.

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.