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HAMER V. SIDWAY, Court of Appeals of NY, 1891. 124 NY 538, 27 N.E. 256

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HAMER V. SIDWAY, Court of Appeals of NY, 1891. 124 NY 538, 27 N.E. 256 Powered By Docstoc
					CONTRACTS
HAMER V. SIDWAY, Court of Appeals of NY, 1891. 124 NY 538, 27 N.E. 256 History: Trial court found basic facts and that he fully performed his part of the agreement; Plaintiff appealled from a supreme court order reversing a judgment entered on the decision of the court (1889) Facts: Uncle William promised Nephew William that if he stopped drinking, using tobacco, swearing, and playing cards or billiards for money until he was 21, Uncle would pay him $5,000.00; Nephew received letter advising him to not spend money all at once; Newphew decided to leave money w/Uncle; Uncle died 01/29/1887 w/out paying his nephew any portion of the $5,000.00 and interest Issue(s): Was there a contract between Uncle William E. Story and nephew William E. Story, 2d? Was there consideration Holding: Order reversed and judgment of special term affirmed; contract is valid Analysis: Defendant contends contract was w/out consideration, making it invalid; Defendant asserted that by quitting alcohol and tobacco, promise was benefited; court says does not matter if the thing which was promised benefited the promise and the contract was w/out consideration; that would open the courts up to a landslide of litigation if such cases were allowed; promise need not harm the promise to be enforceable “Consideration”—something of value (an act, a forebearance, or a return promise) received by a promisor from a promise and is necessary for an agreement to be enforceable; Plaintiff had waived legal right to drink, smoke, etc.


				
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