268 P. 905 | Cal. | 1928
[1] Action for damages for breach of promise to marry. Trial was had by jury which resulted in a verdict in favor of plaintiff in the sum of five thousand dollars. Motion for new trial was made and denied. This appeal is prosecuted from the judgment and order. It is claimed as ground for reversal that the evidence shows the alleged promise to be void because of the fact that plaintiff knew at the time it was made that defendant was a married man. It is further urged that the trial court erred in not granting appellant's request for an interpreter and that it likewise erred in denying his motion for a new trial. There is no merit in any of these contentions. It is true that there can be no recovery for breach of promise to marry when at the time the promise was made the promisee knew of the pre-existing marriage of the promisor. This principle is a salutary one and courts should not, in the slightest degree, modify it. (Smith v.McPherson,
The judgment is affirmed.
Shenk, J., and Richards, J., concurred.