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Wolford v. Powers

Indiana Supreme Court

85 Ind. 294 (1882)

Relevant factsFree

Lehman, an elderly widower whose own son had died years earlier, promised Wolford (plaintiff) that if Wolford named his newborn son after him, Lehman would make the child's welfare his chief object in life and provide generously for him; Wolford also nursed Lehman through a subsequent illness. When the child was five months old, Lehman executed a $10,000 note in Wolford's favor, stating that this was how he wished to fulfill his promise and compensate for the medical care received. After Lehman's death, Wolford sued the estate (defendant) to recover on the note; the trial court ruled for the estate, apparently finding the consideration for such a large sum inadequate.

IssueFree

Whether, in the absence of fraud, inadequacy of consideration is a valid reason to cancel a contract.

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