This section contains the nature of the case and procedural background.

Wallis (P) and Smith (D) were partners in a consensual sexual relationship. D represented that she was using birth control when she was not. P had made clear that he did not want a child. P became the father of her child. Wallis (P) sued Smith (D) for money damages under fraud, breach of contract, conversion, and tort. The court dismissed for failure to state a claim upon which relief may be granted. P appealed.

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