Dermentas V Estate of Tallas

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Case Brief: Dermentas v Estate of Tallas Denise Manley Saint Leo University Legal Enviroment of Business MBA-535 Professor John Bermingham May 26, 2013 Case Brief: Dermentas v Estate of Tallas Name DeMentas, v. Estate of Tallas, By and Through First Second Bank 764 P.2d 628, Utah App., No. 860351-ca November 7th 1988 Procedural History Plaintiff Peter Dementas appeals from a judgment dismissing his claim against the Estate of Jack Tallas. Facts Peter Dementas was a personal friend of Jack Tallas. On December 18, 1982, Jack Tallas met with Peter Dementas and dictated a memorandum to him, in Greek, stating that he owed Dementas $50,000 for his help over the years for such things as picking up his mail, driving him to the grocery store, and assisting with the management of Jack Tallas's rental properties. Jack Tallas also indicated in the memorandum that he would change his will to make Peter Dementas an “heir for the sum of $50,000.” Jack Tallas had the document retyped in English and notarized the English version with his own notary seal and gave a copy to Peter Dementas. Jack Tallass died on February 4th 1983 before he changed this information in his will that Peter Dementas would be an heir for the sum of $50,000. Evidence was admissible to prove there was consideration for promise. Issue Peter Dementas was trying to prove there was a valid consideration between Tallas and himself. The difference between Lack of consideration and failure of consideration is failure of consideration means there was a contract that failed for some reason. Lack of consideration there was not a contract to begin with. Rule The Court of Appeals, Orme, J., held that agreement was not enforceable contract. It was making a promise for past services for being nice. One cannot make a contract for past services. Reasoning Peter Dementas failed to prove there

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