Holsomback v. Caldwell

Quillian, Justice.

The present case, which we review on general demurrer, concerns an oral contract sought to be enforced in equity involving an agreement by the wife to resume marital relations, after separation, with the husband and to abandon her plans to divorce him in return for his promise to will her all his property and deed her their “home.”

It is a familiar rule that a court of equity has the power to require specific performance of a parol contract as to land in which there has been part performance by the party seeking relief (Code § 37-802), or award damages as for breach of…