Dementas v. Estate of Tallas
Author: Jim

Facts: Plaintiff and Tallas, a retired businessman, were close friends and over a period of 14 years, the plaintiff had rendered various types of personal services to Tallas. Tallas made a note to plaintiff in which he stated that he will leave $50,000 to the plaintiff for his services in his will.  But before Tallas can change his will, he died.  Tallas’ estate refused to pay.

Issue: Was the promise made in the note enforceable?

Holding: No

Rationale: The $50,000 that Tallas wanted to pay the plaintiff were for the past services and there was no consideration.  “Past consideration” is = “no consideration”.  Some courts will enforce some promises based on moral obligations.  But even that does not work here because when the plaintiff was rendering his services to Tallas, he was not doing such with the expectation of getting compensated.  Therefore the plaintiff performed these services gratuitously and the promise of Tallas is not enforceable.