Marmer v. Kaufman
Massachusetts Superior Court
922 N.E.2d 862 (Mass. Sup. Ct. 2009)
Relevant factsFree
After his father Henry gave him certificates of deposit that his sister June later cashed in without authorization, Paul (plaintiff) sued and lost against June; following June's death, her son Richard (defendant), as estate administrator, orally agreed to pay Paul $136,000 for the certificates, give him half of June's assets, and cover Henry's nursing-home costs, seeking family reconciliation. Paul sued to enforce this oral agreement, and Richard moved for summary judgment, arguing it lacked consideration.
IssueFree
Whether a contract that neither benefits the promisor nor is to the detriment of the promisee is unenforceable for lack of consideration.
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