Nature of the Case
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Facts
Shaheen (P) contracted with Knight (D) to make him sterile. That operation occurred on September 16, 1954, and P had a child by his wife on February 11, 1956. P sued under contract for the additional expenses of supporting, educating, and maintaining the child. D defended by claiming that a contract for sterility is void as against public policy, there is no implied warranty under Pennsylvania law for cure by a physician, there was no negligence, the performance of a physician should not be subject to suit in assumpsit, and P suffered no damages. The court ruled on these various defenses by D.
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