Lanigan

Lanigan v. Neely

Good Law
1907 Cal. App. LEXIS 230·4 Cal. App. 760·89 P. 441
Court of Appeal of CaliforniaFebruary 6, 1907Civ. No. 261.California7,947 words

Opinion

Lead Opinion

Hart, J.

This is an action for damages for breach of promise of marriage. The ease was tried by jury, the plaintiff obtained a verdict for the sum of $8,000, and thereupon the court caused judgment to be entered in her favor in the amount found by the jury. Defendant appeals from the judgment and an order denying his motion for a new trial.

The complaint, after alleging that both plaintiff and defendant are unmarried, their mutual agreement and promise to marry, the violation and breach by defendant of such agreement and promise, and other facts sufficiently well pleaded to render the complaint immune from successful attack by a general demurrer, proceeds in paragraph 6 thereof: “After said promise to marry was made by defendant, as aforesaid, he seduced and had sexual intercourse with plaintiff. Said seduction and sexual intercourse were brought about and accomplished by means of said promise previously made, through defendant’s persuasions and importunities, and by reason of plaintiff’s reliance upon the good faith of defendant, in making said promise, and her belief that defendant intended to and would marry her, in pursuance of his said promise. ’ ’

Further, in paragraph 8 it is…

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