Lawyer: Good cause against Winter Jan 19, 2007
The court document ends with this statement to the Sumner County judge, the following defenses are also applicable to (Winter s) claims or theories: failure of consideration, laches, payment, statute of frauds, and waiver. Both documents filed ask for a jury trial in the matter, but none has been scheduled in Sumner County Courts. (Wellington Daily News, KS)
Talking Warheads: Oct 12, 2006
if a party makes a promise that purports to offer a benefit, but does not in fact convey anything thereby, that promise is said to be "illusory" and there is no contract because of a failure of consideration. For example, if we enter an agreement that says "I promise to paint your house if I feel like it, and you promise to give me $100," that is not a valid contract. (Slate)
Speaking of Allegheny . . . Nov 23, 2005
A "failure of consideration" means a failure to render the performance the parties agreed on (citation to Corbin omitted). In this case, there is no basis for asserting that Drexel failed to render any required performance. (Blawg -- Business Law)
Today in History: Batsakis v. Demotsis Nov 17, 2005
"IV. That under the circumstances alleged in Paragraph II of this answer, the consideration upon which said written instrument sued upon by plaintiff herein is founded, is wanting and has failed to the extent of $1975.00, and defendant pleads specially under the verification hereinafter made the want and failure of consideration stated, and now tenders, as defendant has heretofore tendered to plaintiff, $25.00 as the value of the loan of money received by defendant from plaintiff, together with... (Blawg -- Business Law)
Kotoko demand refund of fine from GFA Oct 24, 2003
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