Chase v. Fitz

This action has been argued as if it were an action of contract for breach in the performance of a marriage contract between the plaintiff and Gardner Chilson, the defendant’s testator; and it has been presented to the court as if the only question to be argued was whether, as mere matter of law, an action for a breach of promise to marry survives against the *360executor or administrator of a deceased party, who failed to perform a promise of marriage made in his lifetime.

It is true that what may perhaps be designated as the first count in the declaration states facts which inter vivos might be…