Davis moved to dismiss the case, arguing that, under Massachusetts law, an oral promise not to execute a will was within the statute of frauds and thus unenforceable.

Soon after appealing, though, Foman moved the district court for an order vacating the judgment and granting her leave to amend her complaint to assert a new cause of action for quantum meruit.

Justice Goldberg, writing for the Court, began by holding that the First Circuit was wrong to find that it could not consider the merits of the case because Foman moved to vacate the judgment after filing her initial appeal.

The Court granted Foman's motion to amend her complaint and remanded the case to the First Circuit for proceedings consistent with its opinion.

[6] It overturned the district court, ruling that under Massachusetts law, an oral promise not to execute a will was not rendered unenforceable by the statute of frauds.