Riganti v. McElhinney
248 Cal. App. 2d 116 ·
California Court of Appeal · Filed
Published · citable
Cited by 1
Holding
The court held that an oral contract to make a will, though ordinarily unenforceable under the statute of frauds, may be enforced in equity through quasi-specific performance where the promisee has rendered services of such a peculiar character that their value cannot be estimated by a pecuniary standard and a refusal to enforce the contract would result in a fraud upon the promisee and unjust enrichment of the devisee.
Statutes construed
- CCP § 1973
- CIV § 1624