Smazal v. Estate of Dassow

In sustaining the demurrer to the complaint of Clara Smazal, the trial court determined that the alleged contract between Clara Smazal and the putative father did not conform to the provisions of sec. 52.28, Stats. We agree with that conclusion.

In the instant case, the alleged agreement was oral, and the putative father had died before Clara Smazal attempted to obtain legal enforcement of the alleged agreement. Never» theless, we consider that the impact of sec. 52.28, Stats., would be applicable even if the agreement were in writing and even if the claimed father were alive. This is because…