Kay v. Kay
Supreme Court of Pennsylvania
334 A.2d 585 (1975)
Relevant factsFree
Mr. and Mrs. Kay entered into a separation agreement in which Mr. Kay agreed to pay Mrs. Kay a set weekly amount; no consideration supported the agreement, but the contract stated that Mr. Kay agreed to be legally bound by it. Mr. Kay stopped paying, and Mrs. Kay filed an equity complaint seeking specific performance of future payments as well as recovery of amounts already missed. The chancellor enforced the contract, and Mr. Kay's exceptions to that ruling were denied. Mr. Kay appealed.
IssueFree
Whether an agreement lacking consideration is nevertheless enforceable if it states that the party agrees to be legally bound thereby.