Forester v. Scott
Ohio Court of Appeals
38 Ohio App. 2d 15 (1973)

- Written by Kate Luck, JD
Facts
Virginia Cockrell was married to Perry Forester and gave birth to Joyce Renee Forester (plaintiff). Prior to Joyce’s birth, Perry entered into a contract with Mark E. Scott (defendant). The contract provided that Mark would pay $15 per week for Joyce’s support until her eighteenth birthday and would not contact Joyce or Virginia until Joyce’s eighteenth birthday. In return, Perry agreed to surrender his right to bring tort claims against Mark for alienation of affection and criminal conversation. The contract did not state, nor did the parties stipulate, that Mark was Joyce’s father. Perry and Virginia later divorced. Mark filed for bankruptcy, resulting in his debt to Perry and Virginia being discharged. Joyce, by way of Virginia, sued Mark for failing to pay $15 per week pursuant to the contract. The trial court entered judgment for Joyce, finding that Mark owed $8,905 to date. Mark appealed, arguing that the contract was unenforceable because it was not supported by consideration.
Rule of Law
Issue
Holding and Reasoning (Jackson, J.)
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