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Contracts Keyed to Frier
Hamer v. Sidway
Citation:
124 N.Y. 538, 27 N.E. 256ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
William E. Story II (Willie) made assignments of money to Plaintiff based on money he was to receive from his uncle. Several years previously, Willie’s uncle promised him that if he would abstain from “drinking, using tobaccos, swearing, and playing cards or billiards for money” until he reached 21, he would be paid $5,000. Willie agreed and fully honored the promise. At that time, Willie wrote to his uncle and informed him that he had upheld his promise. His uncle wrote back and said that he was entitled to the $5,000 and that the money was being held for him at a bank. However, Willie’s uncle said that it would not be paid to him until he felt Willie was capable of “taking care of it.” Willie agreed, and the money remained at the bank. Willie’s uncle died without paying him the money, and this claim was brought by Plaintiff to Defendant. Defendant rejected the claim, and Plaintiff brought suit in New York state court seeking to enforce the promise to Willie. The trial court upheld the promise, but the appellate court reversed. Hamer appealed to the New York Court of Appeals (which is the state’s supreme court for New York).
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel