McKee v. Mouser

Sherwin, J.—

1. marriage proof: breach. The parties to this suit entered into a contract of marriage which was terminated by the plaintiff’s dismissal of the defendant in December, 1901. She claims that the contract was renewed in September, 1903, and that it was breached by the defendant’s marriage to another in 1904. The appellant’s most serious contention is that there is no evidence of a mutual promise at that time; that is, that no acceptance on the part of the plaintiff is shown. To sustain an action of this kind it is, of course, necessary to prove a mutual agreement, but the acceptance…