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Kay v. Kay

Supreme Court of Pennsylvania
334 A.2d 585 (1975)


Facts

Mr. and Mrs. Kay entered into a separation agreement. Mr. Kay agreed to pay a certain amount to Mrs. Kay each week. No consideration was provided for the contract, but the contract stated that Mr. Kay agreed to be bound by the agreement. Mr. Kay failed to pay under the contract. Mrs. Kay filed a complaint in equity, seeking specific performance of future performance, as well as recovery of past payments not received. The chancellor enforced the contract. Mr. Kay took exceptions to the chancellor’s ruling, but those exceptions were denied. Mr. Kay appealed.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Jones, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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