Asked in Contracts for Missouri

Q: My uncle promised to lend money to buy tax lein property if I won it,but backed out after. I have a fine now. Can I sue?

The promise was verbal. I needed $50 to pay off my personal property tax before I could participate in the county auction. He loaned the $50 to me and a dollar to have the auction paperwork notarized. He loaned th $50 in the form of a check. I had to Cash it at his bank.

He knew full well the consequences if I did not pay for the property the day I won. I asked him for a allotment of $2500. The property was about $2900. I had fundsoutsideof whether promised to assist in acquiring the property.

He backed out, citing random reasons. He simply said he did not trust me. He claimed my bid was too high, but the agreement was he would lend $2500. There were no other conditions. He stated the city the property was in in the county was not suitable. There were still no other stipulations to the loan.

I now owe $700+ to the county because he backed out.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: Anyone can pay the filing fee and sue but I don’t think you’ll win a lawsuit based on an oral promise to lend money. One of the essential elements of a claim for breach of contract is “consideration.” I that element is lacking.

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