Clements v. Moore
Supreme Court of Alabama
Writ of error to the Circuit Court of Tuskaloosa. This was an action of assumpsit at the suit of the plaintiff in error. The declaration contains several counts, the first of which alledges the mutual promise of the plaintiff and defendant to marry each other, with an averment that the plaintiff is still sole and unmarried, and ready and willing to perform her promise, but the defendant has married another woman, &c.
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Writ of error to the Circuit Court of Tuskaloosa. This was an action of assumpsit at the suit of the plaintiff in error. The declaration contains several counts, the first of which alledges the mutual promise of the plaintiff and defendant to marry each other, with an averment that the plaintiff is still sole and unmarried, and ready and willing to perform her promise, but the defendant has married another woman, &c. The second count alledges mutual promises to marry in a reasonable time, that a reasonable time has elapsed, and the plaintiff has remained and still is sole and unmarried, yet…
1Opinion of the CourtCollier, C. J.
Conceding that in an action for a breach of a promise to marry a female plaintiff without reference to time, she should alledge in her declaration an offer to marry the defendant, and still we think the first count is good. It alledges that the defendant had married another woman. This certainly .excused the plaintiff from reminding him of their engagement, and again offering him her hand. He had placed himself in such a condition as made it impossible for him to accept such a proposal, and the law did not impose upon her the indelicate task, in order to impair the wrong she had suffered, of…
2Cases cited1 opinion
- Johnson v. CaulkinsNew York Supreme Court · 1799
3Cited by2 opinions
- Graham v. MartinIndiana Supreme Court · 1878
- Garmong v. HendersonSupreme Judicial Court of Maine · 1914