Hamer v. Sidway ca brief

更新时间:2023-07-04 23:35:36 阅读: 评论:0

12星座智商排名Hamer v. Sidway
Facts
护士实习生评语
William E. Story, Sr., at the wedding of his nephew, and in the prence of the family and invited guests, promid his nephew that if he refrained from drinking, using tobacco, swearing and playing cards or billiards for money until twenty-one years old he would pay him $5,000. The nephew asnted and fully performed the conditions inducing the promi. When the nephew turned twenty-one, he wrote to his uncle the he had performed his part of the agreement. His uncle wrote back that he would keep the money until his death. The nephew connted to the terms. The uncle died without having paid over to his nephew any portion of the said $5,000 and interest.
Rule of Law
青蛙怎么过冬
A waiver of any legal right at the request of another party is generally sufficient consideration for a promi.
Issue(s)
鲅鱼丸子汤
香菜花生米Whether by virtue of a contract defendant's testator William E. Story became indebted to his nephew on his twenty-first birthday in the sum of five thousand dollars.sacking
Holding and Reasoning霍思燕>绅士礼仪
The abandonment of the u of tobacco, alcohol, and billiards by the nephew was sufficient consideration to uphold the promi. The Court rejected the defendant's argument that the promie by refraining from the u of liquor or tobacco was actually benefited, that he should have refrained from doing the things independently of his uncle's promi; and that therefore unless the promisor was benefited, the contract was without consideration. The Court said such a rule would 'em to leave open in many cas whether that which the promie did or omitted to do was, in fact, of such benefit to him as to leave no consideration to support the enforcement of the promisor's agreement.'

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