Perry v. Atkinson
California Court of Appeal
195 Cal.App.3d 14 (Cal. Ct. App. 1987)
Relevant factsFree
After Lee Perry (plaintiff) became pregnant with Richard Atkinson's (defendant) child, Atkinson urged her to have an abortion, promising to conceive another child with her the following year if she did. Perry had the abortion, but Atkinson never fulfilled his promise. Perry sued for fraud, deceit, and intentional infliction of emotional distress; the trial court allowed only the emotional-distress claim to proceed and rejected the fraud and deceit claim.
IssueFree
Whether a promise to conceive a child is enforceable.