Legal Opinion

Stearns v. Emery-Waterhouse Co.

Supreme Judicial Court of Maine

Decided September 4, 1991PublishedCited by 18 opinions

1Opinion of the Court

ROBERTS, Justice.

Emery-Waterhouse Co. appeals from a judgment of the Superior Court (Cumberland County, IApez, J.) awarding damages to Timothy B. Steams for breach of an oral contract to employ Steams for a definite term greater than one year. The court held Emery-Waterhouse estopped to assert its defense under the statute of frauds, 33 M.R.S.A. § 51(5)(1988), by the extent of Stearns’s detrimental reliance on the oral contract. Because Stearns did not produce clear and convincing evidence of fraud on the part of his employer, we hold that enforcement of the oral contract was barred by the…

2Cases cited8 opinions

  1. Northeast Investment Co. v. Leisure Living Communities, Inc.Supreme Judicial Court of Maine · 1976
  2. Hudson v. Venture Industries, Inc.Supreme Court of Georgia · 1979
  3. McIntosh v. MurphyHawaii Supreme Court · 1970
  4. Pursell v. Wolverine-Pentronix, IncMichigan Court of Appeals · 1973
  5. Chapman v. BomannSupreme Judicial Court of Maine · 1978

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Alaska Democratic Party v. RiceAlaska Supreme Court · 1997
  2. Daigle Commercial Group, Inc. v. St. LaurentSupreme Judicial Court of Maine · 1999
  3. Roger Edwards, LLC. v. Fiddes & Son, Ltd.District Court, D. Maine · 2003
  4. Packgen v. BP Exploration & Production, Inc.Court of Appeals for the First Circuit · 2014
  5. Knowlton v. ShawDistrict Court, D. Maine · 2011

13 more not listed; retrieve them via the Exa API.

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