Fiege v. Boehm - P. filed amended declaration including the...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Class Notes Case: Court: Date: Facts: Issue: Holding: Procedural History: Rule: Rationale: Fiege v. Boehm Ct of App MD 1956 P. 34 Initial suit in trial ct. For breach of contract to pay the expenses incident to the birth and support of the D.’s bastard child upon the condition that the P. would not prosecute D. for bastardy. P. stated facts: 1951 p. and d. had sex – p. gets pregnant – d. acknowledged his responsibility for pregnancy. d. agreed to pay medical bills, loss of wages, and child support, which totaled $2,895.50. D. paid $480, and stopped payment. p. is suing for the remainder of $2,415.80. D. demurred to the declaration on the grounds that p. failed to state that she had instituted bastardy proceedings in 1953. And that he was acquitted due to blood tests that proved he was not the father. The ct. Sustained the demurer.
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: P. filed amended declaration including the previous facts. D. changed his testimony, claiming he did not make an agreement w/ the p. and did not have sexual intercourse w/ her. The trial ct. jury found for the p. D. filed for a new trial claiming that even if he did enter in the contract, it was not enforceable, b/c p.s forbearance to prosecute was not based on a valid claim, and therefore the contract was without consideration. Whether or not a contract has valid consideration if the promise of forbearance is based on false claims. That since the p. intended to file bastardy charges (which are made in good faith), there was valid consideration for the contract, whether or not the . No reversible error in the rulings and instructions of the trial court. Jury judgement affirmed....
View Full Document

Ask a homework question - tutors are online