Every executory contract must be supported by valuable or good consideration.

- It is the general rule that, in order to be enforceable, every executory contract must be supported by valuable consideration, or, in absence of valuable consideration, by good consideration founded either on love and affection toward one to whom a natural duty exists, or on strong moral obligation supported either by some antecedent legal obligation, though unenforceable, at the time, or by some present equitable duty. Trustees of Jesse Parker Williams Hosp. v. Nisbet, 189 Ga. 807, 7 S.E.2d 737 (1940).

Executory contract, founded on no consideration, either good or valuable, is nudum pactum and unenforceable. Georgia Cas. & Sur. Co. v. Hardrick, 211 Ga. 709, 88 S.E.2d 394 (1955).

Alleged contract on which there is no firm agreement as to consideration is unenforceable. Venable v. Block, 138 Ga. App. 215, 225 S.E.2d 755 (1976).

When consideration admitted although parties disagree on specific amount, contract enforceable.

- Contract is enforceable where consideration is admitted and there is disagreement only as to whether there was common agreement as to specific amount of consideration in parol contract. Venable v. Block, 138 Ga. App. 215, 225 S.E.2d 755 (1976).

In contract between attorney and client for commissions, oral exchange of promises is sufficient consideration, and fact that promises were based on contingency will not affect validity as consideration. Venable v. Block, 138 Ga. App. 215, 225 S.E.2d 755 (1976).

Marriage is valuable consideration and will support contract made in consideration thereof. Vason v. Bell, 53 Ga. 416 (1874); Beall v. Clark, 71 Ga. 818 (1883).

Wife as purchaser for value as to property settled upon her in consideration of marriage.

- Marriage is valuable consideration, and wife stands, as to property of husband settled upon her by marriage contract, as other purchasers for value. Sheridan v. Sheridan, 153 Ga. 262, 111 S.E. 906 (1922). And see Nally v. Nally, 74 Ga. 669, 58 Am. R. 458 (1885); Bell v. Sappington, 111 Ga. 391, 36 S.E. 780 (1900).

What constitutes good consideration.

- See Cannon v. Williams, 194 Ga. 808, 22 S.E.2d 838 (1942); Hobbs v. Clark, 221 Ga. 558, 146 S.E.2d 271 (1965); Waters v. Lanier, 116 Ga. App. 471, 157 S.E.2d 796 (1967).

Good consideration is founded upon some antecedent legal obligation, although unenforceable at the time. Waters v. Lanier, 116 Ga. App. 471, 157 S.E.2d 796 (1967).

Assignment to bank of future periodic proceeds.

- For discussion of status (legal or equitable) of assignment to bank of specific amount from future periodic proceeds and consideration required for such an assignment, see Bank of Cave Spring v. Gold Kist, Inc., 173 Ga. App. 679, 327 S.E.2d 800 (1985).

Natural duty and affection is as good a basis for consideration as strong moral obligation. Worth v. Daniel, 1 Ga. App. 15, 57 S.E. 898 (1907).

Natural affection is such as naturally subsists between near relatives as father and child, brother and sister, husband and wife. This is regarded in law as a good consideration. Worth v. Daniel, 1 Ga. App. 15, 57 S.E. 898 (1907).

Affection and sense of duty towards aged, dependent parent is good consideration.

- Affection and sense of duty which should naturally exist on part of child towards aged and dependent parent is good consideration to support contract making provisions for a parent's support. Worth v. Daniel, 1 Ga. App. 15, 57 S.E. 898 (1907).

Parties' natural love and affection for each other provided adequate and good consideration in support of an option contract executed for "ten dollars and other valuable consideration," even though the ten dollars recited was not paid. Warthen v. Moore, 258 Ga. 198, 366 S.E.2d 666 (1988).

Love and affection for deceased not consideration for executory promise to pay estate's obligation.

- Mere love and affection, or moral obligation alone to pay debt of deceased person who left no estate will not support promissory note for amount of debt. Brazell v. Hearn, 33 Ga. App. 490, 127 S.E. 479 (1925).

Mere sentiment, love, and affection, or respect for memory of deceased husband, by his widow, will not support executory promise on her part to assume payment of obligation due by his estate. McCowen v. McCord, 49 Ga. App. 358, 175 S.E. 593 (1934).

Courts cannot enforce promises binding on the conscience, unless some pecuniary damage flows from breach, or where, in addition to moral obligation, promise is also supported by legal consideration. Davis & Co. v. Morgan, 117 Ga. 504, 43 S.E. 732, 97 Am. St. R. 171, 61 L.R.A. 148 (1903).

Law does not relate to moral obligation inherent in every promise. Worth v. Daniel, 1 Ga. App. 15, 57 S.E. 898 (1907).

On facts, moral obligation provided consideration for promised payment for past services. Gray v. Hamil, 82 Ga. 375, 10 S.E. 205, 6 L.R.A. 72 (1889).

Cited in McElven v. A.M. Sloan & Co., 56 Ga. 208 (1876); Dicks v. Andrews, 129 Ga. 756, 59 S.E. 782 (1907); Monroe v. Martin, 137 Ga. 262, 73 S.E. 341 (1911); Helmer v. Helmer, 159 Ga. 376, 125 S.E. 849, 37 A.L.R. 1137 (1924); Ayer v. First Nat'l Bank & Trust Co., 182 Ga. 765, 187 S.E. 27 (1936); Sinclair Ref. Co. v. Reid, 60 Ga. App. 119, 3 S.E.2d 121 (1939); Moore v. Moore, 188 Ga. 314, 4 S.E.2d 18 (1939); Taylor v. Cureton, 196 Ga. 28, 25 S.E.2d 815 (1943); Avary v. Avary, 202 Ga. 22, 41 S.E.2d 314 (1947); Summers v. Allison, 127 Ga. App. 217, 193 S.E.2d 177 (1972); Norris v. Cady, 231 Ga. 19, 200 S.E.2d 102 (1973); Worthington v. Worthington, 250 Ga. 730, 301 S.E.2d 44 (1983); Tidwell v. Galbreath, 207 Bankr. 309 (Bankr. M.D. Ga. 1997).

Am. Jur. 2d.

- 17 Am. Jur. 2d, Contracts, §§ 85, 95, 106.

C.J.S.

- 17 C.J.S., Contracts, §§ 92, 97, 129, 180, 266. 17A C.J.S., Contracts, § 536.

ALR.

- Remedies during promisor's lifetime on contract to convey or will property at death in consideration of support or services, 7 A.L.R.2d 1166.

Moral obligation as consideration for contract - modern trend, 8 A.L.R.2d 787.

Extension of time or forbearance to sue as consideration constituting mortgagee bona fide purchaser, 39 A.L.R.2d 1088.

Forbearance as sufficient consideration for guaranty, 78 A.L.R.2d 1414.

Right to follow chattel into hands of purchaser who took in payment of preexisting debt, 11 A.L.R.3d 1028.

Sufficiency of consideration for employee stock-option contract, 57 A.L.R.3d 1241.

Enforceability of voluntary promise of additional compensation because of unforeseen difficulties in performance of existing contract, 85 A.L.R.3d 259.