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Contracts Keyed to Kuney
Hamer v. Sidway
Citation:
124 N.Y. 538, 27 N.E. 256 (1891).ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
On March 20, 1869, William E. Story, Sr. promised to pay his nephew $5,000 if he refrained from drinking, using tobacco, swearing, and playing cards or billiards for money until he turned twenty-one years old. The nephew agreed and on January 31, 1875, William E. Story, 2d wrote his uncle informing him he had performed on his end of the agreement. On February 6, 1875, the uncle responded saying the $5,000 was the nephew’s to take but asking to hold the money on interest until his nephew could better manage it. The nephew agreed to the terms in the February 6th letter. William E. Story, Sr. died on January 29, 1887 without having paid his nephew any portion of the $5,000 and interest.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel