Dementas V Tallas

Case Brief 1: Dementas v Estate of Tallas

MBA 535

Nicole SirotaPlotnikov

Saint Leo University

Abstract:

This case brief serves the purpose of summarizing and analyzing a selected the case. The case

that will be given extra concentration is Dementas v. Estate of Tallas. By summarizing and

analyzing this case, a more comprehensive understanding for the case and relevant legal theory

will result. In this case, the key is to find understanding in the use of consideration when looking

at legal contracts.

Key words: consideration, contract, account stated

Case Name:

Dementas v. Estate of Tallas, 764 P.2d 628 (1988)

Pincites:

http://www.leagle.com/decision/19881392764P2d628_11390.xml/DEMENTAS v. ESTATE OF TALLAS

http://www.ecases.us/case/utahctapp/1161863/dementas-v-estate-of-tallas

http://www.prenhall.com/divisions/bp/app/phblaw/html/cases/cases_html/CASE11_3.html

Procedural History:

Appealed from the Third District Court, Salt Lake County, Utah

Facts:

Jack Tallas was a Greek immigrant who came to the United States. During the later part of his life , Tallas befriended Peter Dementas. Peter Dementas helped Tallas in daily tasks and responsibilities over the course of 14 years. On December 18, 1982 Tallas met with Dementas to author a memorandum, in Greek, dedicated $50,000 to Dementas for all of his help over the years. Tallas also stated that he would add Dementas to his will as an heir. Tallas died on February 4, 1983; without adding Dementas to his will as an hier. As result of being denied $50,000, Dementas filed a claim against the Estate of Tallas for his promised amount. This claim was denied. When taken to court, the trial court dismissed the issue on grounds of no consideration. Unhappy with the verdict, Dementas appealed the decision.

Issue:

Does a notarized memorandum provide sufficient consideration to be an enforceable contract?

Holding/Decision:

No. The court held that the memorandum was not an enforceable contract.

Rule:...