Embola v. Tuppela

220 P. 789 (1923)

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Embola v. Tuppela

Washington Supreme Court
220 P. 789 (1923)

SC
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Facts

John Tuppela (defendant) lost his Alaskan mining property while he was confined to an asylum. The property was worth $500,000. Upon his release, Tuppela sought to recover the property and began borrowing money to do so from his friend Henry Embola (plaintiff). Embola first loaned Tuppela $270. Tuppela then wrote Embola stating that if he gave Tuppela $50 more, Tuppela would give Embola $10,000 upon his recovery of the property. At that point, Tuppela’s reacquisition of the property was unlikely according to Tuppela’s attorney. Embola accepted Tuppela’s offer and advanced the additional $50. Subsequently, Tuppela was able to recover his property. Tuppela asked his trustee to pay Embola the $10,000. The trustee refused, and Embola brought suit against Tuppela for the amount owed. Tuppela then argued that the parties’ contract was unconscionable and lacked adequate consideration due to the lopsided amounts of money involved on either side. The trial court ruled in Embola’s favor. Tuppela appealed.

Rule of Law

Issue

Holding and Reasoning (Pemberton, J.)

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