Bernkrant v. Fowler

The Bernkrants (plaintiffs), Nevada residents, owed Granrud money on a Nevada apartment building. In Nevada, Granrud orally promised to forgive the debt in his will if they made a partial payment and refinanced, which they did. Granrud later died while living in California, and his will never mentioned forgiving the debt. The Bernkrants sued Fowler (defendant), Granrud's executrix, in California to enforce the oral promise. California's statute of frauds barred oral promises to provide for someone in a will, while Nevada's did not. The trial court and intermediate appellate court applied California law and ruled against the Bernkrants, who appealed arguing Nevada law should control.