Idaho Code
Idaho Code

Idaho Code § 29-103 (2026)

Presumption of consideration. 

✓ current as of May 2026
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Presumption of consideration. 

A written instrument is presumptive evidence of a consideration.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1959–2021 · leading case: W.L. Scott, Inc. v. Madras Aerotech, Inc., 653 P.2d 791 (Idaho 1982).
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W.L. Scott, Inc. v. Madras Aerotech, Inc., 653 P.2d 791 (Idaho 1982). · cites it 4× “2d 834 (1980); I.C. § 29-103. Once this presumption arises, the party seeking to assert the affirmative defense of lack of consideration must establish that defense by a preponderance of the evidence.”
Dennett v. Kuenzli, 936 P.2d 219 (Idaho Ct. App. 1997). · cites it 4× “Idaho Code Section 29-103 provides that “[a] written instrument is presumptive evidence of a consideration.”
Lewis v. Fletcher, 617 P.2d 834 (Idaho 1980). · cites it 4× “00 was never paid, and that finding is supported by substantial and competent evidence. The legal issue presented is whether a written and signed option contract, which contains a false recital of payment of consideration and acknowledgment of its receipt, is valid and…”
Kayser v. McClary, 875 F. Supp. 2d 1167 (D. Idaho 2012). · cites it 2× “10 (citing I.C. § 29-103). McClary goes on to argue that “[e]very witness probed on the question of consideration freely admitted none was given for the Easement Agreement” and, “[t]hus, the jury had no evidentiary basis to support its finding that the easement was supported by…”
Best Hill Coalition v. HALKO, LLC, 172 P.3d 1088 (Idaho 2007). · cites it 2× “I.C. § 29-103. “The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.”
McCandless v. Carpenter, 848 P.2d 444 (Idaho Ct. App. 1993). · cites it 2× “asserts that the district court acted correctly in examining the consideration transferred and in relying upon the following rule in its written decision: Still a court of equity will ordinarily refuse to order specific performance of the contract if the consideration supporting…”
Vaughn v. Vaughn, 428 P.2d 50 (Idaho 1967). · cites it 2× “§ 27-201 establishes a presumption of consideration for a negotiable instrument; I.C. § 29-103 provides: “A written instrument is presumptive evidence of a consideration.”
Rosenberry v. Clark, 379 P.2d 638 (Idaho 1963). · cites it 2× “I.C. § 29-103: “Presumption of consideration.”
Frasier v. Carter, 437 P.2d 32 (Idaho 1968). “§ 29-103. 2 . “The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.”
Isaguirre v. Echevarria, 534 P.2d 471 (Idaho 1975). “, § 29-103, and the burden rested upon appellants to avoid the instrument, I.”
Homefinders v. Lawrence, 335 P.2d 893 (Idaho 1959). “, § 29-103, and the burden rested upon appellants to avoid the instrument, I.”
Best View Constr. & Dev., LLC (Bankr. D. Idaho 2021). · cites it 2× “2d 791, 796 (1982)); see also Idaho Code § 29-103 (“A written instrument is presumptive evidence of a consideration.”
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