Wolford v. Powers Supreme Court of Indiana 85 Ind.

294 (1882) Page 141

Judge(s) Procedural Posture Trial courtrendered judgment for the defendant. Indiana Supreme Courtreversed, holding that the naming of the child and the various services rendered to Lehman by the plaintiffs family were consideration for Lehmans promise. Plaintiff brought suit against the estate of Charles Lehman to obtain judgment on a promissory note for $10,000. Lehman, a widower whose son had died some years before, asked as a friend of the plaintiff that they name their son for him in exchange for which he would provide for it generously and give it a good education. Lehman also requested that plaintiff care for him during some brief illnesses and hire a carriage to take him out driving, which plaintiff did. When the baby was five months old, Lehman executed a note to the plaintiff for $10,000 stating that he preferred to carry out his promise this way instead of in his will or as a present conveyance of his property. Was there adequate consideration to enforce the promise? Yes. Where there is no fraud, and a party gets all the consideration he contracts for, the contract will be upheld. The value of all things contracted for is measured by the appetite of the contractors, and therefore the just value is that which they be contended to give. If there be any consideration at all, it must be allotted the value the parties have placed upon it, or a conjuectural estimate, made arbitrarily and without semblance of a guide, must be substituted by the courts. NA NA Where there is no fraud, and a party gets all the consideration he contracts for, the contract will be upheld.

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Dissent Concurrence Rule