Case: Alleghany College v.

National Chautauqua County Bank of Jamestown

Procedural History: Plaintiff's case dismissed, judgment for def. plaintiff

appeals.

Facts: The decedent promised to give plaintiff college a charitable subscription

30 days after her death and with the condition that the scholarship established
with the subscription be named in her honor. She donated $ 1,000 prior to her
death. After her death, plaintiff filed suit against defendant executor for the
unpaid balance of the subscription.

Issue: was there sufficient consideration to enforce this contract?

Holding/Judgment: Yes, sufficient consideration, so contract enforceable.

Reversed for plaintiff.

Reasoning: the court concluded that the duty assumed by plaintiff to perpetuate
the name of decedent by naming the scholarship in her honor when it accepted part
of the donation was sufficient consideration to make the charitable subscription
promise legally enforceable. Thus, because there was sufficient consideration to
make the promise enforceable

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CLASS NOTES
Judge, Finding an implication of a promise. In doing so, finds a contract. Doesn’t
necessarily need promissory estoppel doctrine to imply contract. Dissent says it
was a gift, so it is a unilateral contract.

Also, court says no performance because they had to name It after her. They also
didn't publicize the bequest. Because they didn’t do this, dissent says they
never performed, therefore there is no contract. Therefore, contract is
unenforceable.