Edson v. Poppe
South Dakota Supreme Court
124 N.W. 441 (1910)
William Poppe (defendant), a landlord, had a tenant who asked Edson (plaintiff) to drill a well on the leased premises in 1904; the tenant used the well with the landlord's knowledge and consent. In 1905, after inspecting the well, Poppe promised to pay Edson the reasonable value of the improvement it added to his property. When Poppe later refused to pay, Edson sued for breach of contract; Poppe argued his promise lacked consideration because Edson's services were already fully rendered (past consideration) before the promise was made. The circuit court overruled Poppe's objection, and he appealed.
Whether past services constitute sufficient consideration for a later promise to pay, when those services were beneficial to the promisor and not intended to be gratuitous.