Brief Fact Summary. None.
Synopsis of Rule of Law. None.
Issue. Did the judge owe a duty?
Held. The intermediate appellate court found that the judge owed a duty to the Plaintiff after his wife informed him that she wished to devise a house to the Plaintiff. The court would not allow the judge to "commit such a fraud upon the plaintiff as would result, if relief were denied her here." It further recognized "[i]t is better not to draw close legal distinctions but to say that on the facts the law will get at an attorney who seeks to avoid such a contract, and will compel performance."
Discussion. This case demonstrates how judges are held to a higher standard than normal individuals appearing before a court.