Johnson v. Otterbein University
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Johnson v. Otterbein University | |
Court | Supreme Court of Ohio |
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Citation | 41 Ohio 527 (1885) |
Date decided | 1885 |
Facts
Defendant signed and delivered to Spangler, an agent of the university, a note promising to pay $100 to the University in 3 years to help pay off the current University debt. The trustees brought suit because the promise of the note was not fulfilled.
Procedural History
Judgment entered against Johnson in the amount claimed. Defendant appealed.
Issues
Whether valid consideration was given in a promise to pay money as a gift.
Holding
Judgment reversed.
Reasoning
An executory contract to give is without consideration, and a promise to pay money as a gift may be revoked at any time before payment.