Mr. Justice PARKER delivered the opinion of the court.
Stella Lee Godard through her next friend filed a complaint in two counts against E.C. Ridgway for damages in the amount of $52,000, (1) as a result of his negligence (malpractice) as an M.D., and (2) for breach of warranty.
The complaint in the first count stated that defendant was a licensed physician, that plaintiff for compensation employed him to provide her with a contraceptive device and that he...
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