Father & Son

Can a student sue his father for a college education? Last fortnight one tried it. He was William Volkmar Scharr Smith, son of Augustus Volkmar Scharr Smith, a Manhattan lawyer who once handled the affairs of Tammany Boss Richard Croker. Four years ago Student Smith entered the University of Colorado at Boulder. For part of his expenses he got loans from Boulder banks on the strength of a verbal agreement, later confirmed in writing, by which he claimed his father had agreed to defray them. Student Smith also helped support himself by waiting on table, tending furnaces. Tall and heavyset, he became captain of the Colorado football team, a popular figure in college social life. But between Lawyer Smith and Student Smith relations became strained. Last fortnight Student Smith sued for his college expense-money--$1,900 which he said his father owed him in exchange for "love, affection and other valuable considerations." His suit was promptly dismissed, on the grounds that a verbal contract which cannot be accomplished within a year is void (statute of fraud). Student Smith planned to appeal.

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