Kramer v. Bins

It is hardly necessary to say that the order granting a new trial is a discretionary one and that the discretion of the trial court will not be interfered with in the absence of an abuse of discretion. To this general rule there is an exception: where a new trial is granted upon an erroneous view of the law, it will be reversed for that reason. This leaves for consideration the question of whether or not the contract in question was void.

A distinction must be drawn between agreements made in contemplation of marriage and agreements made in consideration of marriage. Where A, about seven years…