Adequacy of Consideration. As a child, Martha Carr once visited her mothers 108-acre tract of unimproved land

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Adequacy of Consideration. As a child, Martha Carr once visited her mother’s 108-acre tract of unimproved land in Richland County, South Carolina. In 1968, Betty and Raymond Campbell leased the land. Carr, a resident of New York, was diagnosed as having schizophrenia and depression in 1986, was hospitalized fi ve or six times, and takes prescription drugs for the illnesses.

In 1996, Carr inherited the Richland property and, two years later, contacted the Campbells about selling the land. Carr asked Betty about the value of the land, and Betty said that the county tax assessor had determined that the land’s agricultural value was $54,000. The Campbells knew at the time that the county had assessed the total property value at $103,700 for tax purposes. On August 6, Carr signed a contract to sell the land to the Campbells for $54,000. Believing the price to be unfair, however, Carr did not deliver the deed. The Campbells fi led a suit in a South Carolina state court against Carr, seeking specifi c performance of the contract. At trial, an expert real estate appraiser testifi ed that the real market value of the property was

$162,000 at the time of the contract. Under what circumstances will a court examine the adequacy of consideration? Are those circumstances present in this case? Should the court enforce the contract between Carr and the Campbells? Explain. [Campbell v.

Carr, 361 S.C. 258, 603 S.E.2d 625 (2004)]

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Business Law Today

ISBN: 9780324786521

9th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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