Dietrich v. Davies
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1922, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1920, No. 5676, on verdict for plaintiff, in case of Hazel Dietrich v. Alexander D. Davies. Trespass for breach of promise of marriage. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,500. Defendant appealed. Error assigned, inter alia, was refusal of defendant’s motion for judgment n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
The appropriate action in which to recover damages for breach of promise of marriage is assumpsit: Welker v. Metcalf, 209 Pa. 373; Keim v. Brumbaugh, 29 Pa. Superior Ct. 557. While, in the case at bar, plaintiff issued a summons in trespass, defendant’s counsel treated the action correctly as assumpsit (Parry v. First Nat. Bank, 270 Pa. 556), filed an affidavit of defense, in which *215all the allegations in plaintiff’s statement of claim were denied, but in which it was not set up that plaintiff was unable to join in a valid contract of marriage because she was…
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