Fiege v. Boehm

210 Md. 352, 123 A 2d 316 (1956)

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Nature of the Case

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Facts

Boehm (P) became pregnant and believed, in good faith, that Fiege (D) was the father; P threatened D with a suit in bastardy. In response, D promised to pay for the birth expenses and make support payments for the raising of the child as long as P would not institute legal proceedings. D made payments under the agreement but stopped when blood tests revealed that he was not the father. D prevailed at a subsequent trial on the charges of bastardy by the state. D was found not guilty on Landsteiner blood grouping tests. D had type O blood, and P had type B. The child had type A. A physician testified at trial that on the basis of the blood tests, D could not have been the father as it was impossible for an O-B mating to result in a type A child. P then sued for $2,415,80 to enforce the agreement for support in civil court. The jury found that D was liable to P. D appealed.