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Huss v. Weaver

Pennsylvania Superior Court
134 A.3d 449 (2016)


Facts

Amy Huss (plaintiff) and James Weaver (defendant) were dating and signed a contract providing that if the couple had a baby, Huss would have physical custody and Weaver would have visitation rights. The contract further provided that if Weaver petitioned a court for modification of the contract, Weaver would pay Huss $10,000 per modification attempt. Weaver was an attorney making a significant salary. The couple had a baby, and the next month Weaver petitioned for custody. Weaver did not pay Huss $10,000 for the modification attempt. Huss brought suit alleging breach of contract. The trial court dismissed the complaint, finding the contract provision void as against public policy. Huss appealed.

Rule of Law

Issue

Holding and Reasoning (Bender, J.)

Concurrence (Bowes, J.)

Dissent (Jenkins, J.)

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