KUDER V. SCHROEDER 430 S.E.2d 271 (1993) CASE BRIEF

KUDER V. SCHROEDER
430 S.E.2d 271 (1993)
NATURE OF THE CASE: The wife (P) sought review of an order by the court which dismissed her complaint filed against husband (D) for breach of contract.
FACTS: P and D were married in March of 1978. They had a child in June of 1984. They entered into an oral agreement that P would forego her career as a veterinarian and would work as a teacher in a local community college to support their family in order that D might pursue his undergraduate education at the University of North Carolina in Chapel Hill. D agreed that upon the completion of his undergraduate studies, he would provide the family's total support, so that P could then give up her employment and devote her full time to being a wife and mother. They amended their agreement to allow D to obtain a master's degree and a law degree. Following his graduation from law school, D was unable to earn sufficient income to fully support the family, but in December of 1989, D obtained a position with a law firm which provided him with sufficient income to fully support the family. Three months later, in April of 1990, D told P he no longer loved her and that there was no hope for their marriage; whereupon, the parties separated. P filed an action which sought damages for breach of the agreement by H. The trial court dismissed the complaint and P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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