Foman v. Davis Case Brief

Facts of the Case

Petitioner daughter filed an action alleging that she had cared for her mother in exchange for her father’s promise not to make a will, which thereby assured her of an intestate share of his estate. She claimed that she fully performed the oral agreement, but her father devised his property to the respondent executrix, who was his second wife. Because an oral agreement was unenforceable under the statute of frauds, the trial court dismissed the complaint for the failure to state a claim. The daughter filed motions to vacate the judgment and to amend the complaint to assert a right to quantum meruit recovery. Subsequently, she filed a notice of appeal. After the motions were denied, the daughter filed a second notice of appeal. The appellate court dismissed on procedural grounds, holding that the first notice of appeal was premature and that the second was ineffective because it failed to cite the judgment appealed from. On certiorari, the Court reversed the judgment and remanded the cause  for further proceedings consistent with the Court’s opinion, which was that the appellate court should have treated the appeal from the denial of the motions as an effective, although inept, attempt to appeal from the judgment sought to be vacated.





Case Information

Citation: 371 US 178 (1962)
Argued: Nov 14, 1962
Decided: Dec 3, 1962
Case Brief: 1962