Moore v. Elmer – Case Brief
Moore v. Elmer, 180 Mass. 15, 61 N.E. 259 (1901).
Facts: Moore (P) performed services as a clairvoyant for Elmer (D) and predicted that he would die before 1900. Elmer then gave Moore a signed letter promising to pay her or her heirs the balance of her mortgage note if her prediction proved true. Elmer died before 1900 and Moore sued for enforcement of the promise.
Issue: Is past consideration valid consideration sufficient to create an enforceable contract?
Holding and Rule (Holmes): No. Past consideration is not valid consideration sufficient to create an enforceable contract, unless the parties agreed prior to performance that compensation would be given later.
The court held that under these facts there was no consideration. Moore voluntarily performed a service as a clairvoyant for Elmer and then Elmer gave her the note. The court held that the promise was not enforceable because there was no statement in the note of prior indebtedness, and because there was no understanding that the sittings had been given in exchange for payment later.
Disposition: For Elmer.