BREACH OF PROMISE TO MARRY

The Woman filed her complaint for breach of promise to marry pursuant to the Promise Act. In her complaint she alleged that the Man had proposed marriage to her. He had presented her with an engagement ring. They had promised to marry each other. They scheduled the marriage ceremony and the reception.

The Woman made numerous purchases and nonrefundable deposits in anticipation of the wedding. She incurred costs of $9,806.07.

Days before the wedding ceremony, the Woman learned that the Man having a relationship with a female coworker. As a result of his conduct, he breached his promise to marry her.

She attached to her complaint a “Wedding Expense Log” showing a list of wedding expenses totaling $9,806.07. This log referenced bank and credit cards used for payment of the expenses.

The Man filed a motion to dismiss the Woman’s complaint. He argued that the bank and credit card payments were drawn from her parents’ bank and credit card accounts. Therefore, the Woman was not liable. Her parents were liable. The Trial Court held that the Woman could not recover damages for expenses paid by her parents. Her claim was dismissed. The Woman appealed.

In order to recover her damages, the Woman had to prove that she suffered actual loss. The Woman said that the funds she used to pay the wedding expenses were a gift from her parents. The Appellate Court reversed the Trial Court.

This was an action for breach of the promise to marry. The Woman may seek to recover those damages representing expenditures she made in anticipation of the wedding. Even if those payments were monetary gifts from her parents funneled through their bank and credit card accounts.

Adkins v. Edwards, 2015 IL App (5th) 140260