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but Must Be Proved Consideration Need Not Be Expressed


CONSIDERATION NEED NOT BE EXPRESSED, BUT MUST BE PROVED. As a general rule no consideration need be expressed in a written contract and one may be shown to have passed. (Tingley v. Cutler, 7 Conn. 291; I Pars. Cont. 430.) Where a contract states that it was made for valuable consideration, this is prima facie evidence of consid eration only, and may be disproved. By statute in a number of States written instruments are made pre sumptive evidence of consideration, and are thus placed on the same footing as bills of exchange and promis sory notes, regt:iring the party contesting the validity of the contract to show lack of consideration. (Beach on Cont., Sec. 15o.)