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Contracts Keyed to Whaley
Hamer v. Sidway
Citation:
Court of Appeals of New York, 1891, 124 N.Y. 538, 27 N.E. 256.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Uncle promised to pay nephew (Story) a sum of $5,000 if he abstained from vices such as drinking, tobacco, playing cards and swearing until he was twenty-one years old. Story agreed to do so and refrained from the specified conduct until he was twenty-one. Story permitted his Uncle to put the money into a bank, and allow it to accrue interest. Once the Uncle felt that Story could “take care of it,” he would pay his nephew the sum plus interest. Story’s Uncle died without having paid him any portion of the money. Plaintiff brought suit on Story’s behalf to recover the promised money from the Uncle’s executor of estate (defendant).
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