Dementas V. Tallas

Legal Enviroment of Business MBA-535

Saint Leo University

Dementas v. Estate of Tallas Case Brief

Tibetha Pascal

3 April 2016

1. Dementas v. Estate of Tallas., 764 P. 2d 628-Utah Court of Appeals (1988)

2. Procedural History

This case was brought to trial court or Court of Appeals, where the trial court deemed lack of consideration for Dementas’ claim. The court basically said that the contract between the two parties, Jack Tallas (defendant) and Peter Dementas (plaintiff) did not prove to show/have proper consideration. The said contract between the two parties, was that Tallas promised Dementas $50,000 for past performance. However, past performances are normally not considered valid consideration in most courts. Therefore, the court rules this contract was unenforceable. As a result of the ruling, Dementas decided to appeal the court’s finding.

3. Facts

In Salt Lake City, Utah, 1914, an immigrant named Jack Tallas migrated from Greece to start a life as a businessman. Tallas bought properties, many of which he rented out. During his time in Salt Lake City, Tallas befriended Peter Dementas, who over the past 14 years leading up to Tallas’ death provided services which consisted of helping Tallas to manage properties, providing transportation when needed to include going back and forth to the grocery store, doctor’s appointments and the post office. In December of 1982, the 18th day, Tallas verbally told Dementas in Greek, that upon his death, Dementas would receive $50,000. Tallas then went on to say that he would shortly add Dementas in his will stating that he would inherit this $50,000. Tallas then took this dictation and translated in memorandum form in English and had it authenticated through a notary by Dementas; Tallas died on 4 February. It was later found that Tallas did not add Dementas to his will as he had said he would earlier. Dementas claimed what he thought was his rightful $50,000 towards Tallas’ estate but was denied....