Gring v. Lerch
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Berks county: Of January Term, 1886, No. 426. Capias in trespass on the case sur promise of marriage, brought by Clara Lerch against Charles Gring. Pleas, not guilty, non-assumpsit with leave, &c.
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Error to the Court of Common Pleas, of Berks county: Of January Term, 1886, No. 426. Capias in trespass on the case sur promise of marriage, brought by Clara Lerch against Charles Gring. Pleas, not guilty, non-assumpsit with leave, &c. The following facts appeared on the trial before Sassaman, J.: The defendant did npt deny the promise of marriage alleged to have been made November 26th, 1882, but sought to excuse the subsequent refusal to marry upon the ground of physical incapacity upon the part of the plaintiff to allow sexual intercourse. In December, 1882, the defendant testified he…
1Opinion of the CourtJustice Paxson
This is a case in which we do not feel disposed to indulge in a prolonged discussion. Its details are not inviting. We prefer to state the principles of law applicable to it as concisely as possible.
The plaintiff sought in the court below to recover damages for the breach of a contract of marriage. The defendant admitted the contract, but defended its breach upon the ground that the plaintiff had a physical impediment which rendered •the usual intercourse between the sexes impossible. The defendant further alleged, and there was evidence to prove, that the plaintiff informed him of her…
2Cited by9 opinions
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- Beans v. DennySupreme Court of Iowa · 1908
- Grover v. ZookWashington Supreme Court · 1906
- Travis v. SchneblyWashington Supreme Court · 1912
- Goodner v. GoodnerTennessee Supreme Court · 1922
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