Case Study: Fiege V. Boehm

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Contracts 616, Assignment # 2 Rizardo #6698 Fiege v. Boehm, 210 Md. 352,123 A.2d 316,1956 Md. LEXIS 469(Md.1956) Court: Court of Appeals of Maryland/ Opinion by Judge Delaplaine Judicial History: Boehm filed bastardy charges against Fiege with the Criminal Court of Baltimore. However, Fiege was acquitted of bastardly charges due to a blood test confirming he was not the father. Boehm also filed a claim over a breach of contract against Fiege with the Superior Court of Baltimore City. In her amended declaration she asserted the financial obligation made promised by Fiege to support her illegitimate child, pay for her medical bills plus any miscellaneous expenses, and replace her lost salary wages due to her pregnancy. The judgment went in favor of Boehm for the full amount of her claim. Fiege filed for judgment N.O.V. or a new trial and a demurrer on the declaration but both were overruled. He then filed an appeal against this decision with the…show more content…
Was there sufficient consideration in the agreement between Boehm and Fiege? 2. Is Fiege obligated to care for the alleged daughter? Holding: 1. YES. There was sufficient consideration in their agreement because Boehm forbear in good faith a bastardy claim against Fiege in promise for financial relief. 2. NO. Blood test confirmed no biological attachment, therefore, Fiege is not obligated to care for the alleged daughter. Reason: 1. Forbearance to sue for a lawful claim or demand is sufficient consideration for a promise to pay for the forbearance if the party of the forbearing had an honest intention to prosecute litigation which is not frivolous, vexatious, or unlawful, and which believed to be well founded. Boehm filed her claim with the honest intention to recover the monies which was promised to her if she forbear from filing a bastardy claim against Fiege. The formation of a contract created by both parties was legitimate showing no proof of fraud, deception, or

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