What is the test for making a finding of inadequate consideration?

California, United States of America


The following excerpt is from Peterson v. Ellebrecht, 205 Cal.App.2d 718, 23 Cal.Rptr. 349 (Cal. App. 1962):

'When findings are questioned, it is the duty of an appellate court to compare them with all the evidence in the case, to consider them as a whole, and to construe them liberally in support of the judgment.' (Mashon v. Haddock, 190 Cal.App.2d 151, 167, 11 Cal.Rptr. 865, 873.) The application of this rule demonstrates that the requested special findings pertaining to the inadequacy of the consideration, or want of consideration, were not necessary. The court found that plaintiff by two deeds did convey for a valuable consideration the property involved in this litigation. This was all it was required to do. The adequacy of the consideration was a question of fact for the trial court to resolve and the evidence, although conflicting, amply supports its determination.

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