The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-07

live I will make you happy" The plain
tiff further testihes that on that occasion
he made the remark that he was unset
tied in life on account of his business,
and that he did not know what business
| he should engaged in; that he made in
quiry as to whether her father and moth
or were offended at him, that she invited
him to call again, and he replied that he
would, but never did. she further testi-
fies that he never spoke any word of en-
dearment to her except as above stated;
that he never kissed her or offered her
any caresses; that he always treated her
with politeness and addressed her as MISS
Yale.
Such is the story of the courtship of Mel
lie e. Yale and William r, Curtiss. In -lSN9
Mr.. Curtiss married Miss Hall Miss Yale
sued for damages. The opinion of the
court of appeals says in part;
Docs this evidence establish mutual
promise to marry2 We think not. IL IS not
pretended that there was any offer OF mar
riase prior 10 the last interview. There Is
nothing In the talk with reference TO Ju-
rope in which she was justified in drawing
the conclusion that he was Offering to
take her with him a his wife The query
made with reference to the location OF the
vacant lots is one that might well nave
been made of any person with whom the
defendant was acquainted without
thought of marriage. The expression
with reference to his making her a long
visit on declining her invitation to so into
the house after seeing her home from
church would to the ordinary mind hardly
suggest the idea of marriage.
HE spoke of protecting her and max
ing her happy. Upon these expressions
great stress is laid, and were it not for
the circumstances under which they were
spoken, it is possible there would be some
support for the respondents contention
with reference TO them, but these circum-
s.a.1 r 10
less had reference to the mental pain and
suffering she had undergone by reason OF
the alleged remark, and he sought to re
move that trouble from her mind and as
sure her of his protection from further
trouble of that character In the absence
of fraud and deception there must be q
contract; there must be a meeting of the
minds of the contracting parties, and the
evidence must be of such character as
to Justify a finding that such was the
case No form of words is required. n for
NAL offer and acceptance are not neceS-
sary, but there must be an offer and an
acceptance sufficiently disclosed or ex-
pressed to fix the fact that they were to
marry as clearly as if put in formal words.
The language used must be such as to
show that the minds of the parties met.
Contracts Of marriage concern the highest
interests of life and should be sacredly
guarded. If the conduct and declarations
regard themselves as engaged it is sufh-
cient otherwise not. Mere courtship, or
even an intention to marry, is not sutt-
Client TO constitute a contract. thorough
acquaintance with character, habits and
disposition is essential in order to make an
intelligent contract. The parties there
fore, may form such an acquaintance with
out having the differences of a contract at
tach Applying these rules to the facts of
this case II is apparent that the evidence
falls short of that which is necessary to
establish contract"
The Judgment of the lower court was
reversed and a new trial ordered.
Under the heading Filtration Not Ac-
tionable," the New York Law Journal says
editorially of this decision:
ut was held that in order to support
a recovery for breach of promise there
must be evidence of an express contract;
that a mutual contract to marry could
not be inferred from mere courtship, or
even facts tending to show an intention
to marry on the part of the defendant. We
believe this position to be sound, because
actions founded upon alleged contracts of
such nature ought not to be favorites of
the courts. The court of appeals, how
ever, in its reasoning, goes further, APP
parently, indicating that as thorough ac-
quaintance with characer, habits and dis
position is essential in order to make an
intelligent contract parties may form
such an acquaintance without having the
differences of a contract attach We do
not suppose that any one of ordinary
knowledge of human nature and sense of
humor supposes that young men and wo-
men will as rule form such acquaintance
with the avowed, or even the secretly
conscious purpose of studying personal
qualities and deliberately adjudicatng
upon matrimonial eligibility. The decision
conveys an implied judicial justification
of the ways of Daisy Miller and her
gentlemen friends The court in effect,
holds that mere Irritation, even through
matrimonial intention may have existed,
will not support the inference of a con-
tract and thus be actionable We do
not believe that any dispassionate critic
could read the account given in the opin-
ion of various utterances attributed to
the defendant in Yale VS.. Curtiss 0t is
proper to note that he controverts some
of the testimony without concluding that
a woman to whom such statements were
made had good reason to believe that
her escort had quite serious intentions
This Is not the place to discuss al
length the propriety of American or for
eign social customs IT may not be amiss
however, to intimate that while the raw
provincialism of Daisy ,Miller's relations
with young men is distasteful to we'll
bred Americans, the opposite extreme by
which, under French customs, a young
woman is entirely secluded, and her day
of Irritation, harmless or otherwise, post
poned until after her marriage, is still
more Objectionable. Certainly our Law
should countenance innocent and sensible
| freedom of social intercourse between maj
| riageable persons. And from every poin
of view we deem 1t wise policy to lay
down, as the court of appeals has done
in the present case, that mere Irritation
| however, 'desperate,' shall not constitute
| ground for n yVgi1it -