Johnson v. Otterbein University

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Johnson v. Otterbein University
Court Supreme Court of Ohio
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.