Fitzpatrick v. Michael
Maryland Court of Appeals
9 A.2d 639 (1939)
- Written by Sean Carroll, JD
Facts
Michael (defendant) agreed orally with Mrs. Fitzpatrick (plaintiff) that she would care for him in his home until he died. In exchange, Fitzpatrick would be paid a weekly rate and upon Michael’s death, she would receive a life estate in his home, among other things. Fitzpatrick proceeded to take care of Michael in accordance with the agreement, but one day, without warning, Michael left his house and then tried to force Fitzpatrick out and had her arrested for trespassing (Fitzpatrick claims it was due to influence from distant relatives). Fitzpatrick brought suit, seeking specific performance of the contract. The trial court dismissed the case, holding that specific performance was not proper because the agreement was for personal services, and also holding that the agreement was invalid under the statute of frauds because it involved a conveyance of Michael’s land. Fitzpatrick appealed.
Rule of Law
Issue
Holding and Reasoning (Offutt, J.)
What to do next…
Here's why 798,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.