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Contracts Keyed to Burton
Hamer v. Sidway
Citation:
124 N.Y. 538, 27 N.E. 256 (1891)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
A nephew made an agreement with his uncle that he would refrain from drinking, using tobacco, swearing, and playing billiards for money until his 21st birthday in exchange for $5,000. Upon his 21st birthday, the nephew informed his uncle that he had held up his end of the bargain, and his uncle promised him the money but put it in a bank account to accumulate interest until he deemed the nephew responsible enough to have it himself. The uncle then died without paying any of the money to his nephew. The financial interest of the $5,000 was transferred to the plaintiff, who brought this claim.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel