Harvey v. Dow 1) Facts a) Jeffrey Dow is the father of Teresa Harvey b) The Dows said they wanted the children to take over the land at some point c) In 1999 Teresa and her husband Jarrod Harvey moved into a mobile home on the property with the parents permission d) She did not pay rent or ask for a deed e) They build a garage near the home f) In 2003, they decided to build a house and The dows used their equity to get the money g) In 2003 Jarrod passed away in a motor cycle accident, and Teresa used the insurance proceeds to build the house h) The house was completed in 2004 and cost about 200,000 i) Jeffrey Sr. did most of the work j) After Teresa moved in, she asked for the deed but the dows refused k) In 2006 Teresa filed a complaint seeking the deed 2) History a) The Superior court found in favor the Dows b) Plaintiff appeals that judgment 3) Issues a) Were the promises made enough to covey a contract i) When a promise creates certain performances and reliance’s upon that promise then it can be enforceable even if there is no bargained for exchange ii) Teresa depended on that promise and built a house upon the land. Based on the actions a promise can be fairly implied from the circumstances b) Did the plaintiff rely upon the promises made i) Teresa spent 200,000 dollars to build a house on the property. The amount of money and the improvements made to the land indicate that Teresa was relying on the promise to transfer the land to her.