HARRISON V. PRITCHETT 682 So.2d 650 (1996) CASE BRIEF

HARRISON V. PRITCHETT
682 So.2d 650 (1996)
NATURE OF THE CASE: Harrison (P), former live-in girlfriend, sought review of a dismissed of her action for damages and in quantum merit arising out of Pritchett's (D), former boyfriend's, alleged breach of an oral personal services contract after holding that the statute of frauds precluded P's claims.
FACTS: P alleges that in 1984 D agreed to establish a $250,000 trust fund for the benefit of P and that, in consideration of D's promise, P provided cleaning, cooking, shopping, catering, hair cutting, laundry, driving and other personal services. P alleges that D failed and refused to perform this oral agreement, in that either a trust fund in the amount of $250,000 was not established or that the trust fund was established and subsequently liquidated, and that as the result of D's breach P has sustained damages in the amount of $250,000. In her quantum meruit count, P alleges that from 1976 through 1994 she provided the above services to D his family and employees; that P expected to be paid for such services; that D accepted and received benefit from the services provided by P; and that D failed to pay P the reasonable value of $250,000 for the services. D raised the statute of frauds as an affirmative defense to both counts. The trial court granted D a judgment on the pleadings as to both counts based solely upon the application of the statute of frauds. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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