Case Name
Dementas v. Estate of Tallas, 764 P. 2d 628 - Utah: Court of Appeals 1988
Procedural History
Before the case of Dementas v. Estate of Tallas arrived in the Court of Appeals, the trial court ruled in favor of the defendant. The decision was made because the court deemed that the contract between Peter Dementas and Jack Tallas did not have proper consideration. The contract between Dementas and Tallas promised Dementas $50,000 for past services rendered. Past performances are not considered valid consideration, making the contract between Dementas and Tallas unenforceable. Dementas chose to appeal the court's decision.
Facts
Jack Tallas was an immigrant from Greece, who moved to Salt Lake City, Utah in 1914. While in Utah, Tallas bought and rented out properties. During the last 14 years of Tallas' life he befriended Peter Dementas, who provided at least some assistance to him, helped manage his rental properties and provided transportation for errands. On December 18, 1982, Tallas dictated to Dementas, in Greek, a memorandum stating that upon his death, Dementas will receive as payment $50,000 for past services rendered to Tallas, and at a later date Tallas would add this to his will. The memorandum was then translated, by Tallas, into English, and then notarized by Dementas. The next year, Tallas passed away on February 4, without adding Dementas to his will. When Dementas made a claim with Tallas's estate, the claim was denied, and Dementas filed suit against Tallas's estate. The trial court dismissed Dementas suit, saying that the contract was not enforceable, because it lacked valid consideration. Dementas then appealed the decision.
Issue
Was the contract between Dementas and Tallas enforceable, based on whether or not the consideration in the contract was valid?
Holding/Decision
No, the consideration was not valid, making the