Foman v. Davis
United States Supreme Court
371 U.S. 178 (1962)
- Written by Abby Roughton, JD
Facts
Lenore Foman (plaintiff) and her father allegedly had an oral agreement that Foman would care for and support her mother, and in exchange, Foman’s father would not make a will so that Foman would receive an intestate share of the father’s estate. Foman performed her obligations under the agreement, but Foman’s father failed to keep his promise and devised all his property to his second wife, Elvira Davis (defendant). Davis was also the executrix of Foman’s father’s estate. Foman brought an action against Davis in a federal district court to seek recovery of what would have been Foman’s intestate share of her father’s estate. Davis moved to dismiss the complaint, arguing that the oral agreement between Foman and Foman’s father was unenforceable due to the statute of frauds. The district court agreed with Davis and entered a judgment dismissing the complaint. Foman moved to vacate the judgment and also moved to amend her complaint to seek recovery under a quantum-meruit theory for the value of the services she provided to her mother. The district court issued orders denying Foman’s motions. The appellate court affirmed, and the United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Goldberg, J.)
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