Neuhoff v. Marvin Lumber and Cedar Co.
United States Court of Appeals for the First Circuit
370 F.3d 197 (1st Cir. 2004)
Relevant factsFree
After the Neuhoffs' (plaintiffs') Marvin (defendant) windows began decaying, Marvin's agent orally promised to replace them once production problems were resolved and the decay worsened. The Neuhoffs later sued to enforce that promise; Marvin argued the promise lacked consideration, and the district court granted Marvin summary judgment, which Marvin appealed on this issue.
IssueFree
Whether the abandonment of a legal claim can serve as consideration for a promise when the intent to abandon or forbear from suing is neither expressed nor implied by the circumstances.