Breach of Promise Lawsuit Dismissed
A judge rules that a marriage agreement based on cohabitation is not a binding legal contract.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
The case of Orpha Ely vs. P. J. Murphy was thrown out of court last week by Superior Judge Bert Linn. Mrs. Ely had brought suit for $20,000 damages on the grounds of breach of promise. The court held that the promise of marriage had been made conditional upon the cohabitation of the two parties and as such was not a binding contract under the law.
“The court held that the promise of marriage had been made conditional upon the cohabitation of the two parties and as such was not a binding contract under the law.”
This 1915 case highlights the stark difference in legal protections for domestic partners a century ago, where cohabitation could actually invalidate a legal claim for breach of promise. It reflects a time when courts were actively shaping the boundaries of 'moral' contracts versus legal ones in family law.
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