Rubenstein v. Kleven

ALDRICH, District Judge.

This is an action for breach of contract. The alleged agreement having been oral, and it affirmatively appearing from the plaintiff’s deposition that it was not memorialized in writing, the defendant moves for summary judgment upon its plea of the statute of frauds. The essential terms of the agreement in this connection are that the defendant was to pay the plaintiff $1,000 a month “in each and every month during the remainder of the plaintiff’s natural life, in consideration of the plaintiff’s agreement to devote all, or substantially all, of her time and attention…