Legal Question in Real Estate Law in Missouri
Unilateral contract
Ann owed $500 to Barry for services Barry rendered to Ann. The debt was due June 30, 2007. In March 2008, the debt was still unpaid. Barry was in urgent need of ready cash and told Ann that if she would pay $150 of the debt at once, Barry would release her from the balance. Ann paid $150 and stated to Barry demended the unpaid balance and subsequently sued Ann for $350. Result?
B). Modify the facts in A). by assuming that Berry gave Ann a written receipt stating that all claims had been paid in full result?
C). Modify the facts in A). by assuming that Ann owed Barry the $500 on Ann�s purchase of a motorcycle from Berry. Result?
1 Answer from Attorneys
Re: Unilateral contract
If Ann has a written receipt showing that the debt is paid in full, then she may be able to successfully defedna case from Barry as to this debt. If not, then it is likely that Barry will not say that they had a deal for him to waive the remainder of the debt in exchange for a partial payment. It is unlikely that a court will agree with Ann's contention that she no longer owes the remainder of the debt, because there was no consideration for Barry to bind himself to such an agreement.
However, it is still Barry's burden to prove the debt. Ann need only defend.
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