Lewis v. Tapman
Court of Appeals of Maryland
Appeal from the Circuit Court for Wicomico County (Page, C. J., Holland, J.) The defendant’s sixth prayer as amended by the Court was that if the jury “believe from the evidence that the defendant made a contract with the plaintiff in contemplation of marriage to be performed upon the contingency that he should learn her to love him and that she should become an ideal wife, the same to be determined by the defendant, and that no other contract was made, then there is no…
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Appeal from the Circuit Court for Wicomico County (Page, C. J., Holland, J.) The defendant’s sixth prayer as amended by the Court was that if the jury “believe from the evidence that the defendant made a contract with the plaintiff in contemplation of marriage to be performed upon the contingency that he should learn her to love him and that she should become an ideal wife, the same to be determined by the defendant, and that no other contract was made, then there is no valid marriage contract and the jury must find for the defendant.” There was a verdict for the plaintiff for $1,500.
1Opinion of the Court
McSherry, C. J.,
delivered'the opinion of the Court.
This a suit to recover damages for a breach of promise to marry. That there was an agreement of some sort between the plaintiff and defendant to marry, is certain; but whether that agreement was absolute or conditional, is one of the grounds of contention. It is insisted by the plaintiff that the defendant agreed to marry her within three years from a designated date; whilst upon the other hand it is alleged by the defendant that his promise was conditional, and that in no event was the promise set up by the plaintiff to be fulfilled until…
2Cases cited13 opinions
- Maynard v. HillSupreme Court of the United States · 1888
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- Dugan v. AndersonCourt of Appeals of Maryland · 1872
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