Fiege v. Boehm
- The D thought he was the father of the P's child.
- D agreed to pay various expenses and child support to mother P.
- In exchange, P agreed not to exercise her right to prosecute him for the crime of Bastardy.
- A few years later, blood tests proved D was not the father, and the D stopped making payments to the P.
- P prosecuted D for Bastardy, and D was acquitted.
- P won in lower court.
- D made motion for new trial, was denied, so D appeals.
- P wins on appeal, affirmed.
- Is a contract between two people enforceable when the consideration given is the P's agreement not to prosecute the D, even though D was innocent?
- Forbearance of prosecution does constitute consideration if the prosecution would have been in good faith and not frivolous. Both parties must think that at the time of the agreement that there was a real issue between them, even if that turns out to not be the case.
- Forbearance to prosecute does not constitute consideration if the charge is totally unfounded.
- In this case, both parties thought the charge to be true, thus consideration was given.
- Public policy concerns chief here.