Kerr v. Lucas
Kerr v. Lucas
Opinion of the Court
The execution of a release of all one’s right, title and interest in any property, real or personal, fairly made for the purpose of quieting a doubtful title, is a good consideration for the price agreed to be paid. And it would make no difference if the release should afterwards be found to be of no use to the party obtaining it. For though a consideration is necessary to the validity of a contract, yet the doing of anything that creates trouble or inconvenience to the party doing it' is sufficient. Addison on Contracts, 17. The compromise of a doubtful claim is sufficient. Ib. 21. The value of the consideration being indefinite, the parties have the right to fix the price. Such cases are unlike an agreement of a creditor to discharge his debt on payment of half; for there the consideration is seen to be inadequate. Haigh v. Brooks, 10 Ad. & El. 309, is much like the present case. That was an action to recover the sum agreed on for giving up a guaranty which afterwards proved to be void. Lord Denman said : “ Whether or not the
Reference
- Full Case Name
- George Kerr v. Thomas Lucas
- Status
- Published