PROMISE OF MARRIAGE. A con tract mutually entered into by a man and a woman tliiat they will marry each other. Every marriage is necessarily preceded by an express or implied contract of this de scription, as a wedding cannot be agreed upon and celebrated at one and the same instant. Addison, Contr. 4th ed. 676.
2. A promise of marriage is not to be likened to an actual marriage. The latter, as has been seen in the article on marriage, is not a contract, but a legal relation ; while the former is an executory contract in the strict sense of the term, and governed in gene ral by the ordinary law of contracts, though it has certain peculiarities of its own. As in other contracts, the parties must be sui juris. If, therefore, the man or the woman be an infant, or labor under any other legal dis ability, he or she will not be bound by a promise of marriage ; but if one of the parties be an infant and the other an adult, the promise will be binding upon the latter. Strange, 937 ; 5 Cow. N. Y. 475 ; 7 id. 22; 5 Sneed, Tenn. 659 ; 1 D. Chipm. Vt. 252. Neither does it follow, as we shall see pre sently, that a promise of marriage is not binding because the parties to the promise cannot form a valid marriage : they may be competent to contract, though not competent to marry.
3. There must be a legal and valid consi deration ; but as there are always mutual promises, they are a sufficient considerati9 for each other. There must be a meeting of the minds of the parties, i.e. a request or proposition on the one side, and an assent OE the other. If the conimunications •betWeen the parties are Verbal, the only qiiestione which usually atise telate to evidenee and proof. The Very words or time or Manner of the prothiSe heed not be ptoved; Mit It may be inferred ftom the Conduct of the parties, and front the oitctimettinces which usually attend an engagement to marry : as; visiting, the understanding of friends and telations, prepatations for inatriage, and the teoeption of the Man by the woman's family as a *suitor. 3 Salk, 16 ; 15 Mass. 1; 2 Dor & C. 282; 2 Penn. St. 80 ; 13 id, 331; 1 Ohio St: 26 ; 2 Cart. Si, P. 553 ; 1 Stark. 82 ;
6 Cow. N. Y. 254; 26 Coto, 898 t 4 Zabt. N. J. 291; 1 Patitone, Cofitt. 4th ed, 545. W'hen the patties itte at a distanoe front each other, and the offer is Made by letter, it *ill be preeutned to continue for a reasonable time for the eonsideration of the party ad, dressed ; and if adoepted within a reasonable tiine, and before it is eiptesely reVoked; the contract is then complete. 1 Parecate; Contr. b. 2, 0. 2.
4. A promise of itaarritige is not -Within the third elause of the fourth seetion of the Statute of Frauds, relating to agreettients Made upon consideration of Martitige ; but if not to be performed Within a, yeat, it ie Within the fifth clause, and must, therefore, be Writing in order to be binding,_ A Strange, 34; 1 Ld. Rayni. 387 ; 2 N:11; 515.
If no time be fixed and agteed upon fot the performance Of the dontrAet, it iS; in dOn templation of law, a contract to Marry Within a reasonable petiod after tequest, oriel either party May call upon the othet to fulfil the en. gagement, and in case of default may bting an action for damages. If both patties lie by for an unreasonable petiod, and do not trekt the Contract as eontinuing, it will be deerned to be abandoned by inutile.] cenSent. If the patties are somewhat adVanced in years, and the ma:triage is appointed to' take plaee at S. remote period of time, the contradt *mild be voidable at the option of either party, hs in restraint of marriage. Addison, Contr. 4th ed. 678.
6. The defences whieh tea), be made to an action for a breach of promise of marriage are, of course, various ; bat it ie only' fiedes eary to notiee in. this place encli as ate in Mime degree peculiar. Thue, if either party has beet cOnVieted of ari info:Mons crime, or has sustained a bad character generally; and the other *As ignotant Of it kit the time of the engagement, or if the Woman bee com mitted fotnication, and this was unknown at the time to the in an Who promised to m arry het, or if the woman ie deeply ititolVed in debt lit the time Of the etigagernerit,. and the fact is kept sectet &OM het intended hneband, Addison. Contr. 4th ed. 680 ; but dee I Ell.