Browning v. PoirierAnnotate this Case
In 1993, Petitioner and Respondent, who were in a romantic relationship, entered into an oral agreement in which they agreed to purchase lottery tickets and to share equally in the proceeds of any winning lottery tickets. In 2007, Respondent purchased a winning lottery ticket and collected one million dollars. When Respondent refused to share half the proceeds with Petitioner, Petitioner filed suit for breach of an oral contract and unjust enrichment. The trial court entered judgment in favor of Respondent. The Court of Appeal affirmed in part and reversed in part, concluding (1) the breach of the alleged oral contract cause of action was barred by the statute of frauds; and (2) the district court erred in entering judgment for Respondent regarding the count for unjust enrichment. The Supreme Court quashed the Court of Appeal’s decision, holding that Petitioner’s oral agreement with Respondent to share equally in the proceeds of any winning lottery tickets they purchased fell outside the statute of frauds.