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Case: Hamer v Sidway

Parties: Plaintiff (appellant) - Louisa Hamer


Defendant - Franklin Sidway (executor of decedent's estate)

Procedural History: Judgment in favor of plaintiff reversed, plaintiff appeals

Facts: Uncle promises to pay his 16 yr old nephew $5k if he refrains from
tobacco, alcohol and gambling until his 21st birthday. Nephew accomplished this,
and uncle acknowledges but holds onto the money, promising to pay interest on it,
nephew agrees to arrangement. Uncle dies. Nephew transfers the money to Hamer,
who is seeking to get the $5k from decedent's estate.

Issue: Was there sufficient consideration to enforce the contract?

Holding: There was sufficient consideration

Reasoning: plaintiff gave up a legal right in order to perform his part of the
contract. He fulfilled his end, so the contract is enforceable.

RULE: Definition of Consideration: some right, interest profit, or benefit


accruing to the one party, or some forbearance, detriment, loss or responsibility
given, suffered, or undertaken by the other.

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