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Contracts Keyed to Epstein
Forester v. Scott
Citation:
38 Ohio App.2d 15 (1973)Facts
In 1961, while Virginia (Forester) Cockrell was married to Perry Forester, she gave birth to Joyce Renee Forester. Just prior to the child’s birth, Perry Forester entered into a third-party beneficiary contract with the appellant. It provided that the appellant would pay $15 per week for the support of a child which is to be born on or about the 1st day of June 1961, until the child reaches its eighteenth birthday. In return for this promise, Perry Forester agreed to release Mark Scott from any and all claims against Mark Scott for the alienation of the affections of Virginia Forester by Mark Scott for the loss of services of Virginia Forester to Perry Forester, her husband, and for the assault and battery of Virginia Forester by Mark Scott. Then the Foresters were divorced in 1963. Appellant asserts that the contract was unenforceable because there was insufficient evidence adduced to prove that it was supported by valuable consideration.
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