Jenkins v. Engram

OPINION OF THE COURT

Stephen K. Lindley, J.

This case involves a dispute between siblings over their mother’s funeral expenses. One sibling contracted with a funeral home and paid for the burial services after her sister orally promised to reimburse her for a third of the bill at a later date. The legal question presented is whether enforcement of the oral promise is barred by the statute of frauds. The court holds that the statute of frauds does not apply.

Facts

The parties’ mother died on July 28, 2001, and was survived by three adult children: plaintiff, defendant and their brother, who is not…