Schnell v. Nell
Supreme Court of Indiana
17 Ind. 29 (1861)
Relevant factsFree
Schnell (defendant) agreed to pay Nell and other heirs (plaintiffs) $200 each, explaining that his late wife had wanted to leave them this bequest in her will but lacked sufficient funds to do so; the written agreement recited that each heir would pay Schnell one cent as consideration. When Schnell refused to pay, Nell and the others sued, and the trial court struck Schnell's defense that the agreement was void for lack of consideration. Schnell appealed.
IssueFree
Whether a promise to make a gift, supported only by nominal consideration or a sense of moral obligation, is enforceable.