Kelly v. Renfro
Supreme Court of Alabama
Error to the Circuit Court of Macon. Assumpsit by Miss Renfro against Kelly, for the breach of a marriage contract. At the trial upon the general issue, and other pleas not necessary to be stated, it was shown in evidence, that the plaintiff and defendant had mutually promised to marry; that the 2d of May, 1843, was fixed on for the marriage, preparation made, and guests invited.
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Error to the Circuit Court of Macon. Assumpsit by Miss Renfro against Kelly, for the breach of a marriage contract. At the trial upon the general issue, and other pleas not necessary to be stated, it was shown in evidence, that the plaintiff and defendant had mutually promised to marry; that the 2d of May, 1843, was fixed on for the marriage, preparation made, and guests invited. It was also in evidence, that the plaintiff was a minor, and resided with her parents; that her parents had been much opposed to the marriage, and the prime cause of their opposition, or that which induced their…
1Opinion of the CourtGoldthwaite, J.
1. The contract of marriage is so delicate in its nature, as to render impracticable any attempt to govern it by the same arbitrary rules which obtain with regard to other agreements. Even where there is a mutual engagement, and the day is set for concluding the marriage, it is evident circumstances may occur to make it entirely improper to proceed, or render it expedient to delay, the consummation, if not to terminate the engagement. It cannot then be permitted to either party to a contract of this description to say, the omission to marry upon a particular day is a breach of the engagement.…
2Cited by11 opinions
- Heasley v. NicholsWashington Supreme Court · 1905
- Kurtz v. FrankIndiana Supreme Court · 1881
- Rime v. RaterSupreme Court of Iowa · 1899
- Adams v. ByerlyIndiana Supreme Court · 1890
- Walters v. StockbergerIndiana Court of Appeals · 1898
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