Logourl black
From our private database of 14,200+ case briefs...

Marmer v. Kaufman

Massachusetts Superior Court
922 N.E.2d 862 (Mass. Sup. Ct. 2009)


Facts

Paul Marmer (Paul) (plaintiff) owned and operated a pharmacy with his father, Henry Marmer (Henry). In recognition of Paul’s increased responsibilities at the pharmacy, Henry gave Paul certificates of deposit that were to be held in escrow by Henry as trustee for Paul. In December 2002, Henry gave his daughter June a power of attorney. Henry also transferred his assets to June in an attempt to become eligible for Medicaid. June subsequently cashed in Paul’s certificates of deposit. Paul sued her in the Essex Probate and Family Court to recover the amount of the certificates. The court dismissed his claim and the Appeals Court affirmed. On November 11, 2006, June passed away. Her son, Richard, became the administrator of June’s estate. In an effort to reconcile with Paul, Richard orally agreed to pay Paul $136,000.00 for the certificates. He also orally agreed to give Paul half of June’s assets and to pay for Henry’s nursing home care until Henry qualified for Medicaid. On November 9, 2007, Paul filed suit against Richard to enforce the oral agreement. Richard filed for summary judgment on grounds that, even if there was a contract, it was unenforceable because it was not supported by consideration.

Rule of Law

Issue

Holding and Reasoning (Feeley, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.