Periscope of Medical and General Science in their Relations to Dentistry. [Volume: 2, Issue: 12, July, 1861, pp. 681-694]

PERISCOPE OF MEDICAL AND GENERAL SCIENCE.

698

in the atmosphere, must penetrate. They do not act upon the iron,
nevertheless, so long as a sufficient expanse of protective zinc surface
remains; and this simply because a fundamental law of nature forbids
their doing so."-(Mechanics' Magazine, and Chemical News.)
" Court of Exchequer.-Liabilities to Dentists.-Lee v. Griffin.This was an action in which the plaintiff, a surgeon-dentist in Moorfields,
sued the administrator of a Mrs. Penson to recover the sum of twenty
guineas, as the price of two sets of teeth made for the deceased lady by
her order. At the trial which took place some time since before Mr.
Justice Crompton, the plaintiff stated that he received a verbal order
from the deceased lady to make her two sets of teeth; that he took a
model of her mouth, and some time after he wrote to her and asked her
to make an appointment for an early day, as the teeth which she had ordered were ready for her. Hie also produced a letter which he said he
had received in answer, in which, after merely thanking him for his kindness, the deceased lady said, ' My health will prevent my taking advantage of the early day.' The old lady died some time after, before the
goods were delivered, and when the account was sent in to the defendant
he disputed his liability..." Mr. Justice Crompton expressed his opinion that this was not a sufficient memorandum in writing within the statute of frauds, and was about
to nonsuit the plaintiff, when the plaintiff's counsel suggested that the
plaintiff might recover under the count for work and labor and materials.
" The verdict was then entered for the plaintiff for twenty guineas, and
the defendant had leave to move. A rule having been accordingly
granted, Mr. Patchett now showed cause, and contended, on the authority of Clay v. Yates, 1 H. and N., 73, that when the skill of the artist
was the chief ingredient in the value of the article he could recover for
his work, labor, and materials. He also contended that the letter of the
deceased referring to the plaintiff's letter, (the contents of which were
proved by parol,) together made up a contract in writing within the
statute of frauds.
"Mr. Justice Crompton said he was of opinion that the rule ought to
be made absolute. There was no pretense for saying that there was any
contract in writing within the statute of frauds, and, independently of
that, as had been observed by Mr. Justice Hill, it was difficult to see
what cause of action the plaintiff could have had, seeing that the contract
was that the teeth were to be fitted to the lady's mouth, which they never
had been. A question was raised at the trial whether this was a contract
for work and labor and materials, or for a chattel to be sold and delivered.
His lordship thought it was the latter, and, as there was no contract in
writing within the statute of frauds, the plaintiff ought to have been nonsuited.; Mr. Justice Hill and Mr. Justice Blackburn were of the same opinion.Rule absolute to enter a nonsuit.-(London Lancet.)
On the Composition of Steels. —In the report of a discussion upon this
subject before the Academy of Sciences, Paris, it is stated (Comptes Rendus
and Chemical News) that M. CHEVREUL made the following observations:
"Independently altogether of science, two bodies possessing different
properties have never been confounded; so that when an iron was observed which hardened on being suddenly cooled, it was distinguished
from one preserving its original ductility after undergoing the same cool