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Hamer v. Sidway

Court of Appeals of New York

27 N.E. 256 (1891)

Relevant factsFree

William Story II's uncle promised him $5,000 if he would abstain from drinking, using tobacco, swearing, and gambling until turning 21, and Story fully complied. The uncle acknowledged the debt in writing, said the money was being held for Story at a bank, but withheld actual payment until he felt Story was mature enough to manage it; the uncle died before ever paying, and Story had since assigned his claim to Hamer (plaintiff), who sought to enforce it against Sidway (defendant), the executor of the uncle's estate. The trial court upheld the promise, the appellate court reversed on the theory that the uncle received no real benefit and Story suffered no real detriment, and Hamer appealed.

IssueFree

Whether a party's voluntary agreement to give up a legal right constitutes adequate consideration to support an enforceable contract, even absent any actual benefit to the promisor.

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