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Contracts Keyed to Summers
Hamer v. Sidway
Citation:
124 N.Y. 538, 27 N.E. 256
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
William Story promised his nephew Hamer (plaintiff) that if he refrained from drinking, smoking, swearing, and gambling until he was 21 years-old, then Story would pay him the sum of $5,000. Hamer performed the conditions of the contract, refraining from activities that he was legally able to do at the time of the case. When Hamer turned 21 years old, he wrote to Story to inform him that he had performed his part of the agreement. Story wrote back to Hamer and stated that he had the money in the bank but would not part with it until he believed that Hamer was capable of taking care of it. Story died without having paid Hamer any portion of the $5,000. Hamer sued Sidway (defendant), the executor of Story’s estate, to recover the $5,000.
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