Plaintiff, advised by his physician that further pregnancy would endanger the life of his wife, submitted to an operation of vasectomy. Defendant physician informed him that the operation had been successful and that he could resume sexual relations with his wife without fear. The wife, however, became pregnant and plaintiff alleged that as a consequence he suffered mental agony and was put to great expense. He sued his physician on the theory of deceit in falsely representing to him that he was effectively sterilized. The lower court sustained a demurrer on the ground that the contract was contrary to public policy and that the law would leave the parties where they had placed themselves. Held, the demurrer was rightly sustained for want of any allegation of fraudulent intent. The court stated in a strong dictum, however, that the contract was not contrary to public policy and that the operation was entirely justifiable. Christensen v. Thornby, (Minn. 1934) 255 N. W. 620.
PHYSICIANS AND SURGEONS-VOLUNTARY STERILIZATION-PUBLIC POLICY,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol34/iss1/22