The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-07-08

plain words, to marry him, and that ne
is not enmeshed in an engagement un-
til he has done so, is mistaken.
The law says that no formal words
are necessary to constitute contract
to marry; nor is it necessary that there
should be an express promise in direct
terms; but such a promise may be In
ferred from, or established by, the facts
and circumstances, although 1t is un.
spoken All that is necessary is that
the parties shall understand it is thei.'
intention to marry.
| "A promise TO marry may be proved
by direct or circumstantial evidence.
Subject to the general rules OF evidence.
any evidence which legitimately tends
to throw light on the actual relations
Of the parties in respect to the matters
at issue is admissible, as, for instance,
circumstances before the promise tend
ing to show the relations OF the par
ties and the feeling between them at
the time of the alleged promise, the
nature and extent of the acquaintance
Of the parties prior to the promise, the
aitNAAbil VI Bldlillll lOI utltIudUlt an
offer to perform and a demand for per.
formance, attempts of plaintiff to com
municate with defendant, the under.
standing of friends and relations, the
reception accorded TO either party hy
the family Of the other, the home sur
roundings of plaintiff, a change in the
religious affiliation of the plaintiff af.
ter the contract
$50 we see that, all considered, there
are good many sources from which
evidence may be extracted TO build up
proof Of deliberate intention to marry.
And when a convincing quantity of this
evidence is presented to the jury. dam.
ages are almost invariably awarded the
complaining woman"
isn't beauty big asset to the com.
plainant when the jury has leeway in
determining the question Of fact or tfo
amount of damage that has been suf-
fered?"
With a smile, Mr. Littleton philoso
phized:
Beauty is always pleasant to the eye
and grace soothing to the nerves.
think that. under such influences. the
minds Of the jurymen are more MALE.
able. Nobody likes TO look at an ugly
thing; and If required TO look at it long
he turns against it. and unconsciously
seeks for something other than it's ug.
illness to account for his antagonism
Love Letters Excellent Evidence.
among the paradoxes Of the law
governing the contract 10 marry is the
fact that the love which one party
shows by his conduct he bears the other
is accepted as evidence Of an intention
to enter a contract TO marry; but yet
this love is not a requisite to the con-
tract itself Love letters are excellent
evidence but that of which they talk
is no part Of the bargain.
Another paradox is that, under q
general allegation Of damages, a com.
plainant may recover not only an in
demnity for pecuniary loss and the dis
appointment OF reasonable expectation
Of an advantageous settlement in life,
but also compensation for injury TO
feelings and affections. In other words
II a man breaks his contract to marry
he must pay for such heart wounds rs
he may have inflicted, but he cannot
condition the performance OF the con.
tract upon the woman giving him
little heart comfort.
"Still another paradox is that the
law curiously makes 1t possible for a
man and a woman TO get into a con-
tract Of marriage without sentiment.
Then II suddenly invests the whole
situation with a sacredness which the
contract never had. and says inexor-
ably that you can't get out Of II short
OF a revolution. 1t seems to me thas
a relationship which is treated with so
much jealous solicitude after 1t is en-
tered into should not be treated so
lightly in the making.
"In short. the contract to marry, as
defined by law, is a bony. loveless