Property Law Keyed to Kurtz
Posik v. Layton
Facts
Plaintiff, a female nurse, and Defendant, a female doctor, began a romantic relationship. The couple entered into an agreement under which Plaintiff agreed to leave her job and accompany Defendant, live with her, and care for the home for the remainder of her life. The agreement stated that if Defendant’s behavior caused Plaintiff to move out of the home, Defendant would pay liquidated damages to Plaintiff in the amount of $2,500 a month. Eventually, Defendant moved out of the home to live with another woman and Plaintiff sought to enforce the agreement. The trial court found that Plaintiff had waived the right to sue over the breach of the agreement through acquiescence and that Plaintiff had breached the agreement herself as well. Plaintiff appealed.
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