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Contracts Keyed to Epstein
Hamer v. Sidway
Citation:
124 N.Y. 538, 27 N.E. 256 (1891)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
William E. Story agreed that if he would refrain from drinking liquor using tobacco, swearing, and playing cards or billiards for money until he should become twenty-one years of age, then he would be at that time pay him, William E. Story 2d, the sum of $5,000 for such refraining, to which William E. Story 2d agreed. William E. Story 2d fully performed his part of said agreement. The defendant contends that the contract was without consideration to support it because the promisee, by refraining from the use of liquor and tobacco was not harmed, but benefited and thus the contract was invalid.
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