Baker v. Couch

Alma Baker (defendant) and Paul Couch (plaintiff), an unmarried couple in an intimate relationship, executed a written contract under which Couch would give Baker promissory notes in exchange for continuing to "call" on her and maintain their friendship, with the document formally reciting "love and affection" as consideration. Couch later sued to recover the promissory notes he had already given Baker, arguing the contract was unenforceable; Baker testified the notes were actually payment for their ongoing sexual relationship, which began almost as soon as they met. The trial court ruled for Couch, and Baker appealed.