Contracts Keyed to Murphy
Fiege v. Boehme
A suit was brought by the Plaintiff against the Defendant to recover for breach of a contract to pay expenses incident to the birth of Defendant’s bastard child and to provide for its support upon condition that Plaintif would refrain from prosecuting Defendant for bastardy. In January of 1951, around midnight Plaintiff and Defendant procreated. Defendant contends he never had sex with Plaintiff. In September of 1951 the child was born and payments began. Defendant was supposed to pay the medical expenses and loss of salary because of childbirth and $10 per week until the child reached the age of 21. From September of 1951 to May of 1953 the payments totaled around $480. In May of 1953, the Defendant took a blood test showing that he could not have fathered the child. He stops payment. Plaintiff filed bastardy charges. In September of 1953 the bastardy charges proceedings begin. The criminal case is settled one month later in October of 1953. The Defendant claims the contract is unenforceable because the forbearance to bring a bastardly suit is based on an invalid claim and the contract is without consideration.
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