Klockner v. Green
254 A.2d 782 (1969)
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Rule of Law:
When an offeror requests an act as consideration for a unilateral contract, the offeree's performance constitutes a valid acceptance of the offer, even if the offeree was also motivated by factors other than the offered compensation, such as affection or a sense of duty.
Facts:
- Edyth Klockner, a widow, was the stepmother of Richard Klockner and the stepgrandmother of Frances Klockner.
- Richard and Frances provided extensive services, care, and companionship to Edyth after her husband's death.
- In June 1965, Edyth orally promised Richard that if he and Frances would continue to look after her, she would bequeath her real property to him and the remainder of her estate to Frances.
- Edyth informed her attorney of this agreement, and he drafted a will reflecting these terms, which he mailed to her in November 1965.
- Richard and Frances continued to provide care and companionship for Edyth.
- Edyth died in February 1966 without having signed the new will, apparently due to a superstitious belief that executing a will was a premonition of death.
Procedural Posture:
- Richard Klockner and Frances Klockner filed a lawsuit in a New Jersey trial court against the executor and next of kin of Edyth Klockner's estate to enforce an oral contract.
- At the conclusion of the plaintiffs' case, the trial court granted the defendants' motion to dismiss, holding that no contract had been formed.
- The plaintiffs, as appellants, appealed to the Appellate Division.
- The Appellate Division affirmed the trial court's judgment, but on the different ground that the Statute of Frauds barred enforcement of the alleged oral contract.
- The plaintiffs, Richard and Frances Klockner, petitioned the Supreme Court of New Jersey for certification, which was granted.
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Issue:
Does a party's performance of requested services constitute valid consideration to form an enforceable unilateral contract to bequeath property, even if the party admits they would have performed the services out of affection without the promise of compensation?
Opinions:
Majority - Schettino, J.
Yes. A party's performance of requested services constitutes valid consideration for a unilateral contract, even if they had mixed motives for performing. The court reasoned that so long as the performance is given with the intent to accept the offer, it is immaterial that other motives, such as love and affection, also induced the performance. The testimony from Richard and Frances that they would have performed the services anyway was merely a natural expression of their affection and not a rejection of Edyth's offer. Furthermore, Edyth's own actions, such as having a will drafted that mirrored her promise, demonstrated her belief that she had entered into a binding obligation. The court also held that the statute of frauds did not bar enforcement because the plaintiffs' full performance, which was of a uniquely personal character that could not be measured by pecuniary standards, was sufficient to take the oral contract out of the statute to prevent an inequitable result.
Analysis:
This decision clarifies the doctrine of consideration in the context of unilateral contracts, particularly within familial or quasi-familial relationships. It establishes that mixed motives for performance do not defeat consideration, so long as an intent to accept the contractual offer exists. The ruling significantly impacts the enforcement of oral promises to make a will, reinforcing the equitable part-performance exception to the Statute of Frauds. By emphasizing that services of a personal and companionate nature are not easily valued in money, the court provides a basis for specific performance in cases where denying it would allow an estate to be unjustly enriched.
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