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Hamer v. Sidway: Difference between revisions
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|subject=Contracts | |subject=Contracts | ||
|case_treatment=No | |case_treatment=No | ||
|facts=Plaintiff, at the age of about 15, received a promise from his uncle (testator William Story) for $5,000 if he abstained from alcohol, tobacco, swearing, and playing billiards and cards for money until his 21st birthday. | |facts=Plaintiff (William Story II), at the age of about 15, received a promise from his uncle (testator William Story) for $5,000 if he abstained from alcohol, tobacco, swearing, and playing billiards and cards for money until his 21st birthday. | ||
Upon Plaintiff's 21st Birthday, Plaintiff wrote uncle to tell him he performed his part of the agreement. Uncle responded, saying that he would give plaintiff the promised $5000, but not yet, because the plaintiff would probably blow it on cigarettes, booze, card games, and the local pool sharks. Uncle would keep it until Plaintiff is deemed ready, and at that time, Plaintiff would receive money plus interest. Two years later, Uncle died without having fulfilled promise. | Upon Plaintiff's 21st Birthday, Plaintiff wrote uncle to tell him he performed his part of the agreement. Uncle responded, saying that he would give plaintiff the promised $5000, but not yet, because the plaintiff would probably blow it on cigarettes, booze, card games, and the local pool sharks. Uncle would keep it until Plaintiff is deemed ready, and at that time, Plaintiff would receive money plus interest. Two years later, Uncle died without having fulfilled promise. | ||
Assignments of the nephew's interest occurred in the following manner: | |||
<span style="background:yellow">(William Story II) ==> (his wife) ==> (Louisa Hamer).</span> | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/hamer-v-sidway | |link=https://www.quimbee.com/cases/hamer-v-sidway | ||
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}} | }} | ||
}} | }} | ||
'''Issue''': Was the contract valid? | '''Issue''': Was the contract valid? | ||
'''Holding''': A promise to give up smoking, etc. is a legal detriment because you are abandoning something that you have a legal right to do. Thus, there was consideration and the contract was valid. | '''Holding''': A promise to give up smoking, etc. is a legal detriment because you are abandoning something that you have a legal right to do. Thus, there was consideration and the contract was valid. |
Revision as of 12:43, June 13, 2023
Hamer v. Sidway | |
Court | Court of Appeals of New York |
---|---|
Citation | 124 N.Y. 538, 27 N.E. 256 (1891) |
Date decided | April 14, 1891 |
Facts
Plaintiff (William Story II), at the age of about 15, received a promise from his uncle (testator William Story) for $5,000 if he abstained from alcohol, tobacco, swearing, and playing billiards and cards for money until his 21st birthday.
Upon Plaintiff's 21st Birthday, Plaintiff wrote uncle to tell him he performed his part of the agreement. Uncle responded, saying that he would give plaintiff the promised $5000, but not yet, because the plaintiff would probably blow it on cigarettes, booze, card games, and the local pool sharks. Uncle would keep it until Plaintiff is deemed ready, and at that time, Plaintiff would receive money plus interest. Two years later, Uncle died without having fulfilled promise.
Assignments of the nephew's interest occurred in the following manner:
(William Story II) ==> (his wife) ==> (Louisa Hamer).Resources
Issue: Was the contract valid?
Holding: A promise to give up smoking, etc. is a legal detriment because you are abandoning something that you have a legal right to do. Thus, there was consideration and the contract was valid.