Jones v. McCallum

Citations

• 21 Fla. 392

Syllabus

<p>1. A “ consideration of some kind is absolutely necessary to tbe forming of a good contract.” To constitute a legal consideration tbe acts to be mutually done must of benfit and advantage to tbe promissor, or of detriment or inconvenience to tbe promisee.</p> <p>2. When an agreement is made between A. and B., by which B. agrees to pay to A. a sum certain for one year’s services to be rendered by A. to B., and further agrees that in tbe event of A. ’s death before tbe fulfillment of tbe contract to x>aysaid sum without abatement to A. ’s wife, said agreement, so far as it contemplates a payment by B. , if no services whatever are performed by A., is a nudum pactum and void.</p> <p>3. When B. agrees to pay A., or in tbe event of tbe death of A. before tbe fulfillment of the contract to tbe wife of A., a certain sum of money for one year’s services, a part performance of the services by A. before bis death is a sufficient consideration to enable tbe wife of A. to recover tbe entire sum promised by B. It is an agreement to pay a fixed amount whether tbe services are performed in whole or in part.</p>