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Devecmon v. Shaw

Court of Appeals of Maryland
14 A. 464 (1888)


Facts

Devecmon (plaintiff) was the nephew of Combs. Combs is deceased. While Combs was alive, Devecmon worked for Combs as his clerk. Combs requested that Devecmon take a trip to Europe. The trip was unconnected to Combs’ business. Combs promised that if Devecmon paid upfront for the trip, Combs would reimburse Devecmon for any expenditures. In reliance on Combs’ promise, Devecmon paid for the trip to Europe. Combs died without reimbursing Devecmon for the trip. Devecmon brought suit in Maryland state court against Shaw (defendant), executor of Combs’ estate, seeking to enforce Combs’ promise to reimburse him for the trip to Europe. At trial, the trial court excluded Devecmon’s testimony that he paid for the Europe trip and thus offered consideration for Combs’ promise to reimburse him. Judgment was entered for Shaw, and Devecmon appealed.

Rule of Law

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Issue

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Holding and Reasoning (Bryan, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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