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Fitzpatrick v. Michael

Court of Appeals of Maryland

9 A.2d 639 (Md. 1939)

Relevant factsFree

Michael (defendant) orally agreed with Mrs. Fitzpatrick (plaintiff) that she would care for him in his home until his death, in exchange for a weekly wage and, upon his death, a life estate in his home. Fitzpatrick performed under the arrangement until Michael, allegedly influenced by distant relatives, left his house, tried to force Fitzpatrick out, and had her arrested for trespassing. Fitzpatrick sued for specific performance; the trial court dismissed, holding specific performance improper for a personal-services contract and the oral agreement also invalid under the statute of frauds because it involved conveying land.

IssueFree

Whether a contract for individual personal care is specifically enforceable in equity.

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