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Contracts Keyed to Epstein
Ricketts v. Scothorn
Citation:
57 Neb. 51, 77 N.W. 365 (1898)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The defendant, Andrew D. Ricketts, was an executor of the lats will and testament of John C. Ricketts, the deceased. The action was based on a promissory note, which said: “May the first, 1891. I promise to pay Katie Scothorn on demand, $2,000, to be at 6 per cent. per annum. J. C. Ricketts.” The plaintiff alleges that the consideration for the execution of the note was that she should surrender her employment as bookkeeper for Mayer Bros., and cease to work for a living. She also alleges that the note was given to induce her to abandon her occupation, and that, relying on it, she gave up the employment in which she was then engaged. These allegations are denied by the administrator.
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Topic Resources
Topic Outline
Defenses to FormationTopic Refresher Course
Consideration and Promissory EstoppelTopic Charts & Notes
Common Law v Ucc