| Court: | Maryland Court of Appeals |
| Facts: | Fitzpatrick came to be a nurse for Mrs. Michael. After her death, Mr.
Michael retained her. He didn't pay much, but he said that she
could live out her life in his house (with furnishings), and that
his automobiles would be hers outright after his death. He took
her traveling all over the place, etc., and even executed a will
to the effect of the promise stated above. Then he executed
another will saying she could only live there 15 years. Then
yet another one with no substantial changes to her position.
After a trip to Florida, he soured on her, and tried to force her out of the house by cutting off the utilities. Had her arrested for tresspass, even. |
| Posture: | She files suit asking for specific performance of his contract with her. He demurs, the demurrer is sustained and the suit dismissed. Plaintiff appeals from that decision. |
| Issue: | Whether the remedy is in equity; can there be specific performance? |
| Holding: | No. Affirmed. |
| Rule: | Equity will not enforce such a thing. The court can no more compel him to accept her services than it could compel her to render them. |
| Reasoning: | Part performance (because she has done quite a bit of work) comes into play here, but equity will generally not enforce a contract for personal services, because mischief might result. |
| Dicta: | |