Fischer
v. Union Trust Co.
Supreme
Court of
138
Facts: William Fischer wrote up a deed for his property to
give to his daughter, the plaintiff. There
were two mortgages against the property.
He handed the deed to the plaintiff, who was mentally
“incompetent”. Her brother gave her a
dollar and told her to give it to her father.
[The daughter got the property, but the promise on the deed to pay off
the mortgages wasn’t performed. The
daughter sues her father’s estate.] The trial court found for the
daughter and the father’s estate appealed.
Issue: Was the contract enforceable? Was the plaintiff’s consideration real?
Rule: In order for the [contract written on the] deed to
constitute an enforceable contract, it must be
accompanied by “real consideration” on the part of the person receiving the
deed.
Analysis: The court finds that the charade of giving the
plaintiff a dollar to give to her dad did not constitute real consideration.
Conclusion: The trial court’s verdict was reversed and a new
trial was ordered.