Fitzpatrick v. Michael – Case Brief
Fitzpatrick v. Michael, 177 Md. 248, 9 A.2d 639 (1939).
Case Summary
Facts: Michael (D) hired nurse Fitzpartrick (P) to take care of his wife. When Michael’s wife died he asked Fitzgerald to remain and care for him for the rest of his life. In return, P would receive $8 per week, room, board, a life estate in his house and furnishings, and full title to his cars. After 18 months D tried to force P to leave the house. P sued D for specific performance, D demurred, the court dismissed the case, and P appealed.
Issue: Can equity be used to enforce a contract for personal services?
Holding and Rule: No. Equity cannot be used to enforce a contract for personal services. The contract was for personal services which did not require extraordinary or unusual skill, experience, or capacity. D cannot be forced to accept P’s services, nor could P be compelled to render her services to D.
Disposition: Affirmed.
Notes: The contract was not void under the statute of frauds because D could have died within one year.