Friday, March 23, 2012

Hamer v. Sidway case brief

Hamer v. Sidway; (Ct of Appeals of NY, 1891); CB 233; Notes 25
Bargained-for legal detriment – don’t drink, kid.
  • Facts: Uncle promised nephew $5k if he refrained from drinking, swearing, smoking, and playing cards/gambling until he was 21. Nephew did all these things and was never paid.
  • Holding: there was consideration, nephew gave up his legal right to do those things.
  • Rule: consideration for a promise may consist of, among other things, the abandonment of a legal right.

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