Monday, September 8, 2008

Baksakis v. Demotsis

Baksakis v. Demotsis
Texas Court of Civil Appeals
226 S.W.2d 673 (1949)

Facts: Defendant borrowed some money from plaintiff during the war; it is claimed that there was no consideration, so it wasn't paid back. (The amount delivered to the plaintiff was worth $25 US Dollars, but the letter in question treats it at worth $2k US Dollars).

Procedure: Plaintiff sued to recover the $2k with interest. Trial court (without a jury) found in favor for the plaintiff to the amount of $750, with interest. Plaintiff appealed.

Issue: Was there consideration?

Holding: Yes.

Reasoning: Just because the consideration was inadequate does not mean it is not consideration. "Defendant got exactly what she contracted for."

No comments: