Haase v. Cardoza
District Court of Appeal for the Third District of California
331 P.2d 419 (Cal. App. 2d 1958)
Before he died, Cardoza's (defendant) husband allegedly told her to pay $10,000 to his sister-in-law Rose Haase (plaintiff) and $3,000 to Loretta Haase. Cardoza did not tell the Haases right away, but later admitted the instruction existed and offered Haase $50 a month, which Haase accepted for eight months. Haase never changed her position in reliance on either promise. When Haase asked for a note on the remaining balance, Cardoza refused, and Haase sued to recover it. The trial court granted Cardoza's motion to dismiss, and Haase appealed.
Whether a promise lacking consideration is made enforceable by a later promise to carry it out, when that later promise also lacks consideration.