Case: Parties


Thomas v Thomas Plaintiff - Thomas (widow) Defendant - Decedent's estate executor …...

Procedural History:

Facts: On the day of his death, decedent said in front of witnesses that he wanted his wife to have one of his houses for life. After his death, the executor (defendant) gave the dwelling to widow, provided that she paid £1 per year in rent and to keep the dwelling in good condition. Later, the executor refused to complete the conveyance. Issue: Was their consideration to enforce the contract between widow and executor? Holding: Contract held enforceable

Reasoning: Since the widow paid rent, something of value, and did something additional in consideration (kept dwelling in good condition), then the contract is enforceable. RULE: Motive not the same as consideration. Motive - wishes of husband; not enforceable as a contract Consideration - paid rent & kept dwelling in good condition; enforceable