Moore v. Elmer

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Moore v. Elmer
Court Supreme Judicial Court of Massachusetts
Citation 180 Mass. 15
61 N.E. 259 (1901)
Date decided 1901

Facts

The defendant wrote the plaintiff a letter and promised to pay the amount of a mortgage plus interest should he die before a certain date, as the plaintiff had predicted. The defendant had previously visited the plaintiff for test sittings, which was suggested by the plaintiff to be consideration for the agreement. He died before the date, just as she had predicted.


Issues

Whether legally binding consideration exists if the promise is made after the consideration is given.


Holding/Decision

Case dismissed, there was no contract.


Reasoning

Past consideration is already executed and does not support a promise made at a later time.