CAPAZZOLI v. HOLZWASSER


397 Mass. 158 (1986)

490 N.E.2d 420

LORRAINE CAPAZZOLI vs. HARRY A. HOLZWASSER.

Supreme Judicial Court of Massachusetts, Middlesex.

March 21, 1986.


Attorney(s) appearing for the Case

David L. McLellan (Gerald M. Cohen with him) for the plaintiff.

Elaine M. Moriarty for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.


O'CONNOR, J.

In this case, we hold that a man's promise to support a woman made in consideration of the woman's abandonment of her marriage, or promise to abandon her marriage, to another man violates public policy and is unenforceable.

The complaint is in five counts. Count I alleges that on an unknown date in September, 1970, "the parties entered into an oral agreement whereby the Defendant agreed to support and care for the Plaintiff and her children for...

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