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Fiege v. Boehm

123 A.2d 316 (1956)

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Fiege v. Boehm

Court of Appeals of Maryland

123 A.2d 316 (1956)

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Facts

Hilda Louise Boehm (plaintiff) alleged in her breach of contract action that Louis Gail Fiege (defendant) had impregnated her and agreed to pay expenses and support for her child if she did not bring bastardy proceedings against him. Fiege made payments between 1951 and 1953 and Boehm refrained from bringing bastardy proceedings until Fiege stopped making payments in 1953 upon learning from a paternity blood test that he could not be the child’s father. Although Fiege was acquitted of the bastardy charge, the trial court instructed the jury in Boehm’s breach of contract trial that the acquittal was not binding on them. The jury found in favor of Boehm and Fiege sought reversal of the verdict on the ground that Boehm’s claim was invalid for lack of consideration since Boehm’s claim that he was the father was invalid. The court denied Fiege’s post-verdict motions and entered judgment on the verdict. Fiege appealed that ruling.

Rule of Law

Issue

Holding and Reasoning (Delaplaine, J.)

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