Contracts I, Pages 77–80

Batsakis v. Demotsis

Court of Civil Appeals of Texas, 1949

Facts:

Plaintiff sued defendant to recover $2,000 with 8% interest rate since 1942, based off a letter saying that defendant would repay the money that she was given by plaintiff.

Procedural History:

Trial court found for plaintiff for $750 plus the interest, totaling $1163.83.

Issue:

Is there consideration when a contract of sale is drastically disproportional?

Plaintiff's Argument:

Nothing defendant has alleged is sufficient to remove consideration of the promise.

Defendant's Argument:

Defendant repaid $25, which was the actual value of what was given to her. The rest promised does not have consideration because plaintiff exploited her financial distress and desire to return to America.

Rule:

Inadequacy of consideration will not void a contract.

Reasoning:

The Greek drachmas did have some value, even if not $2,000's worth. There is therefore some consideration. Defendant knew what she was contracting and received it.

Holding:

Yes, consideration still exists no matter the value of the exchanged items. Reformed and affirmed.

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