[DOWNLOAD] "Foman v. Davis" by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Foman v. Davis
- Author : Supreme Court of the United States
- Release Date : January 03, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Petitioner filed a complaint in the District Court alleging that, in exchange for petitioners promise to care for and support her mother, petitioners father had agreed not to make a will, thereby assuring petitioner of an intestate share of the fathers estate; it was further alleged that petitioner had fully performed her obligations under the oral agreement, but that contrary thereto the father had devised his property to respondent, his second wife and executrix. Petitioner sought recovery of what would have been her intestate share of the fathers estate. Respondent moved to dismiss the complaint on the ground that the oral agreement was unenforceable under the applicable state statute of frauds. Accepting respondents contention, the District Court entered judgment on December 19, 1960, dismissing petitioners complaint for failure to state a claim upon which relief might be granted. On December 20, 1960, petitioner filed motions to vacate the judgment and to amend the complaint to assert a right of recovery in quantum meruit for performance of the obligations which were the consideration for the assertedly unenforceable oral contract. On January 17, 1961, petitioner filed a notice of appeal from the judgment of December 19, 1960. On January 23, 1961, the District Court denied petitioners motions to vacate the judgment and to amend the complaint. On January 26, 1961, petitioner filed a notice of appeal from denial of the motions.