Legal Opinion

Clark v. Pendleton

Supreme Court of Connecticut

Decided July 15, 1850PublishedCited by 22 opinions

This was an action for a breach of promise to marry the plaintiff. The declaration contained four counts. In the first, the plaintiff declared, that on the 1st day of June, 1846, in consideration that she, the plaintiff, being then sole and unmarried, had, at the request of the defendant, undertaken and to him faithfully promised to marry him, in a reasonable time thereafter, when she should be thereunto requested, he, the defendant, undertook and to her, the plaintiff,…

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This was an action for a breach of promise to marry the plaintiff. The declaration contained four counts. In the first, the plaintiff declared, that on the 1st day of June, 1846, in consideration that she, the plaintiff, being then sole and unmarried, had, at the request of the defendant, undertaken and to him faithfully promised to marry him, in a reasonable time thereafter, when she should be thereunto requested, he, the defendant, undertook and to her, the plaintiff, faithfully promised to marry her, when he should be thereunto requested. A breach of such promise, on his part, though she…

1Opinion of the CourtStorrs, J.

The first and fourth counts of the declaration in this case, allege a promise, by the defendant, to marry the plaintiff, on request; the second and third, to marry her, on request, after his return from a certain contemplated voyage. The defendant claims, that none of the evidence of the plaintiff supported the two former counts, on which alone, under the charge, a verdict for the plaintiff could be rendered.

The law construes a promise of marriage generally, that is, without specifying any particular time for its celebration, to be a promise to marry, on request. Proof of such a promise…

2Cited by22 opinions

  1. Halpern v. Board of EducationSupreme Court of Connecticut · 1985
  2. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  3. Burke v. ShaverSupreme Court of Virginia · 1895
  4. C. R. Klewin, Inc. v. Flagship Properties, Inc.Supreme Court of Connecticut · 1991
  5. Burkle v. Superflow Manufacturing Co.Supreme Court of Connecticut · 1951

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