Congregation
Kadimah Toras-Moshe v. DeLeo
Supreme
Judicial Court of Massachusetts, 1989.
405
Facts: The decedent promised to
give the plaintiff $25,000 on his deathbed.
When the decedent died, the plaintiff sued to get the $25,000 from his
estate. The trial court found that there
was no consideration because it was “an oral gratuitous pledge”.
Issue: Should the promise be
enforced?
Rule: Every promise, in order to
be enforceable, must have accompanying consideration by the promisee. Consideration may consist of some performance
or a return promise.
Analysis: The court finds that the
decedent received no consideration for his promise, and thus the promise is not
enforceable.
The
court also finds that it is just that the promise not be enforced because:
1. The
congregation did not rely on the gift.
2. It was an oral
promise.
3. It would be
enforced against an estate.
4. Thus, to
enforce this promise would be against public policy.
Conclusion: The judgment of the trial
court was affirmed.
Note
The
decedent appeared to be serious about his promise. However, he did not go through any
formalities which would have made his promise enforceable in the eyes of the
law.