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Baker v. Couch

Colorado Supreme Court
221 P. 1089 (1924)


Facts

Paul Couch (plaintiff) and Alma Baker (defendant) lived together during an intimate relationship but were not married. Baker consulted with a law student who drew up a contract providing that Couch would give Baker promissory notes in exchange for allowing Couch to “call” on Baker at home and continue their friendship. The contract recited “love and affection” as consideration for the agreement. Couch sued Baker to get back promissory notes he had already given her, arguing the contract was unenforceable. Couch claimed he lacked business judgment or experience, and that Baker promised to “resume meretricious relations” with him if the case were dismissed. Couch did not appear at trial, but Baker appeared and testified that the couple began an illicit affair almost immediately after they met, and that Couch gave her the promissory notes as payment for those relations. The trial court ruled in Couch’s favor, and Baker appealed.

Rule of Law

Issue

Holding and Reasoning (Burke, J.)

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