Blackburn v. Mann

Citations

• 85 Ill. 222

Syllabus

<p>1. Promise op marriage—contract construed as to time of performance. Where there is a general promise to marry, the law will imply that it is to be performed within a reasonable time. It is not necessary to a right of action for a breach of the promise, that any definite time be fixed for the marriage, and if it is said it might be in one year or in ten years, this will not qualify the contract itself, as it does not fix any definite time.</p> <p>2. Same—promise may be inferred from conduct. A general engagement to marry may be inferred from the conduct and social relations of the parties, extending through a period of many years, independent of any express agreement to marry.</p> <p>3. Limitation—as to promise to marry. Where the parties, through a period of many years, treat their contract to marry as a continuing one, by recognizing its existence and promises of its fulfillment, the Statute of Limitations will not begin to run until one party has broken the engagement, or until notice is given of a termination of the agreement.</p> <p>4. Statute op Frauds—as applicable to promise to mowry. An agreement to marry, until a breach is shown that terminates it, may be regarded as a continuing contract by consent of the parties, and hence, in no just sense, within the Statute of Frauds.</p> <p>5. Damages—matten's in aggravation, in suit for breach of promise to marry. If the defendant, in an action for a breach of promise to marry, attempts, in bad faith, to blacken and defame the plaintiff’s character, it may be considered in aggravation of damages.</p> <p>6. Witness—impeachment. If a witness has resided long enough in a neighborhood to make a reputation for truth and veracity, that is known by his neighbors, it may be shown by way of impeachment, although he does not, at the time, reside in such neighborhood, but elsewhere.</p> <p>7. Practice—as to order of admission of evidence. The order of the admission of evidence is a matter within the discretion of the court,