Wednesday, December 25, 2013

Fischer v. Union Trust Co. case brief

Fischer v. Union Trust Co. case brief summary
101 N.W. 852 (Mich. 1904)

CASE SYNOPSIS
Appealed to the Supreme Court of Michigan from the appellate court, which found for appellee in appellee's action to enforce against her father's estate a promise the father made to pay off mortgages on land the father conveyed by gift to appellee.

CASE FACTS
Appellant sought review of appellate court's decision for appellee in appellee's action to enforce a promise made by appellee's father to pay off mortgages on land conveyed to appellee by her father.

DISCUSSION

  • The Court reversed and found appellee's father's promise to pay the mortgages unenforceable because it was made without legally sufficient consideration. 
  • Appellee's father made a gift of the land to appellee and his promise to pay the mortgages on the land was supported only by his love and affection for appellee. 
  • This consideration was insufficient to support the executory contract of the father to pay the mortgages. 
  • Appellee did not give consideration for the promise and thus had no right to enforce the promise. 
  • The only way appellee's father could have given her an unencumbered interest in the property was by actually paying off the mortgages. 
  • His mere promise to do so was insufficient.
CONCLUSION
Court reversed lower court's decision, finding appellee's father's promise to pay off mortgages encumbering land conveyed to appellee by her father was unenforceable because it was supported by insufficient legal consideration of love and affection.

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