Fischer v. Fischer

Two brothers had a dispute over an alleged oral agreement relating to the care of their mother by which one brother agreed to give up part of his inheritance if the other brother would care for their mother. The trial court found that a valid agreement between the brothers had been reached. The court of appeals reversed on an issue that had not been raised at the trial court but which the court reached as part of its overall examination of the validity of the agreement. The Supreme Court affirmed, holding (1) the court of appeals cannot reverse the judgment of the trial court on an issue that was not specifically raised at the trial court, but (2) the court of appeals nevertheless reached the correct result because the parties' agreement was unenforceable under the statute of frauds, and thus, no action on it could be maintained.