Contracts I, Pages 74–76

Appeal of Clark

Supreme Court of Errors of Connecticut, 1889

Facts:

Charles Clark and his wife lodged Sheldon Clark and did more than a usual host would have, such as cleaning for him. Sheldon Clark said he would repay, motivating them, but never did. Just before dying, he gave them a $700 promissory note, saying it was for that in case he died, but he wanted it back if he lived. He died, and his estate challenged the consideration of the note.

Issue:

Was there consideration for Sheldon Clark’s promissory note?

Rule:

If someone wants to overpay for services, the court cannot impose their own price.

Reasoning:

Sheldon Clark apparently valued the Clark's services at more than most would, but that was his prerogative to do so. He said that would pay them, which he did. There was no requirement that the value he considered for had to be equal. As there was some consideration for his motivating the Clark's, that is enough to bind he note.

Holding:

Yes, there was consideration for his note.


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