Lingenfelder v. Wainwright Brewery Co.
Facts: Lingenfelder was an architect and president of a refrigeration co. He was contracted to design Wainwright Brewery's new brewery. When Wainwright Brewery awarded the contract to install an ice machine from a competitor to Lingenfelder 's refrigeration company, Lingenfelder removed his plans for the brewery and said he would do no further work. Because it would incur heavy costs for Wainwright Brewery to find a new architect,Wainwright Brewery offered Lingenfelder 5% of the cost of the ice machine (above the previously negotiated price) as an incentive to finish his duties as an architect.
Procedural History: Lingenfelder filed action to receive 5% promised by Wainwright Brewery. Referee found that promise to pay 5% was void. Circuit judge said promise was valid.
Issue: Does the second promise constitute consideration?
Arguments: Lingenfelder argued that the second promise was a contract that replaced or was a substitute of the first one.
Holding: Subsequent promise is invalid.
Reasons: There is no consideration. The Lingenfelder's obligations under the second contract were identical to what he agreed to do under the first contract.