MORONE V. MORONE 413 N.E.2d 1154 (1980) CASE BRIEF

MORONE V. MORONE
413 N.E.2d 1154 (1980)
NATURE OF THE CASE: This was a dispute over the assets and earnings of an unmarried couple. The court entered an order that affirmed the granting of H's motion to dismiss W's cohabitant complaint, which sought compensation for services rendered on implied contract and partnership bases, on the ground that it failed to state a cause of action. W appealed.
FACTS: 'W' alleges that she and 'H' lived together and held themselves out to the community as husband and wife since 1952. They even had two children born to the relationship and filed joint tax returns. W wants $250,000 as H accepted her domestic services knowing that W expected compensation for them. W also alleged a second cause of action for a partnership agreement wherein she would furnish domestic services and H was to have full charge of business transactions, that H 'would support, maintain and provide for W in accordance with his earning capacity and that H further agreed on his part to take care of W and do right by her,' and that the net profits from the partnership were to be used for and applied to the equal benefit of H and W. The complaint was dismissed. W appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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