Case

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Hamer v Sidway Plaintiff (appellant) - Louisa Hamer Defendant - Franklin Sidway (executor of decedent's estate) Judgment in favor of plaintiff reversed, plaintiff appeals

Parties:

Procedural History:

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: Holding: Was there sufficient consideration to enforce the contract? 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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