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Civil Procedure Keyed to Counsellor, 3rd Ed.
Foman v. Davis
Citation:
371 U.S. 178 (1962)Facts
Petitioner Foman filed a complaint alleging that her father had orally agreed not to make a will in exchange for her caring for and supporting her mother, which would have ensured Foman received an intestate share of his estate. Foman claimed she fully performed her obligations, but her father nonetheless made a will leaving his property to respondent Davis, his second wife and the executrix of his estate. The District Court dismissed the complaint on December 19, 1960, finding the oral agreement unenforceable under the statute of frauds. The next day, Foman filed motions to vacate the judgment and amend her complaint to add a quantum meruit claim for the value of services rendered. Before these motions were decided, Foman filed a notice of appeal from the dismissal on January 17, 1961. After the District Court denied her motions on January 23, she filed a second notice of appeal on January 26 from the denial of her motions.
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