K.S.A. » Chapter 16
Kansas Statutes Annotated

K.S.A. § 16-108 (2026)

Want of consideration as defense

✓ current as of May 2026
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16-108. Want of consideration as defense. The want or failure in the whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent holder in good faith.

History: G.S. 1868, ch. 21, § 8; October 31; R.S. 1923, 16-108.

Notes of Decisions
Cited in 6 cases, 1985–2001 · leading case: State Ex Rel. Ludwick v. Bryant, 697 P.2d 858 (Kan. 1985).
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State Ex Rel. Ludwick v. Bryant, 697 P.2d 858 (Kan. 1985). “See K.S.A. 16-108 and Ferraro v. Fink, 191 Kan.”
Herr v. Heiman, 75 F.3d 1509 (10th Cir. 1996). “McCormick overlooks K.S.A. 16-108, which provides that the failure of consideration for a written contract may be shown as a defense to an action on the contract.”
First Nat'l Bankshares of Beloit, Inc. v. Geisel, 853 F. Supp. 1344 (D. Kan. 1994). “2d 1063, 1067 (1971). Lack of consideration is an affirmative defense in a breach of contract action, and as a general rule it must therefore be asserted and established by the person claiming it.”
Herr v. Heiman, 75 F.3d 1509 (10th Cir. 1996). “McCormick overlooks K.S.A. 16-108, which provides that the failure of consideration for a written contract may be shown as a defense to an action on the contract.”
Cimarron Feeders v. Bolle, 17 P.3d 957 (Kan. Ct. App. 2001). “K.S.A. 16-108 provides: “The want or failure in the whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent holder in good faith.”
Herr v. Mccormick Grain-the Heiman Co., Inc., 841 F. Supp. 1500 (D. Kan. 1994). · cites it 2× “”); K.S.A. § 16-108 (“The want or failure in the whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent holder in good faith.”
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