De Cicco v. Schweizer
Court of Appeals of New York
117 N.E. 807 (1917)
Relevant factsFree
Joseph Schweizer (defendant) promised his daughter Blanche an annual $2,500 payment in a written agreement citing her upcoming marriage to Count Gulinelli as consideration; the marriage occurred days later, and Joseph paid for years before stopping. After the couple assigned the payment right to De Cicco (plaintiff), who sued for the missed payment, Joseph argued the marriage couldn't be consideration since the couple was already engaged and thus already legally obligated to marry.
IssueFree
Whether a promise by the parties of a contract not to rescind or modify the contract, made in exchange for a promise from a third party, is sufficient consideration to create a new contract with the third party.