Friday, March 23, 2012

Ricketts v. Scothorn case brief

Ricketts v. Scothorn; (Sup. Ct. of Nebraska, 1898); CB 240; Notes 27
Grandfather/grandaugher promise if latter stopped working
  • Facts: Grandfather promises D money so that she will no longer have to work. D abandons her job. He refuses to pay on grounds in inadequate consideration.
  • Holding: regardless of the fact that there was no consideration, she relied on the promise. Injustice in this case can only be avoided by enforcing the promise. D precluded, under doctrine of promissory estoppel, to deny consideration
  • Rule: after allowing the donee to incur obligations on the faith that the money would be paid, the donor is ESTOPPED from pleading “want of consideration.”

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