Dailey v. Dailey

A single question is involved in this appeal, and it is this: Appellant and appellee were husband and wife. They entered into a verbal contract to the effect that in consideration of her joining with him in a deed to his separate real estate, thus relinquishing her inchoate interest therein, he would pay or secure to her out of the proceeds of the sale a fixed sum. Can such a contract he enforced ? By sustaining a demurrer to the complaint averring these facts, the lower court held that it could not.

The complaint is in two paragraphs, the first of which avers the marital relations between…