Facts
William E. Story II was given a promise by his uncle to be paid $5,000 which translates to $72, 000 in today’s dollars rate under conditions that he refrained from drinking, using tobacco, swearing, and playing cards for money till he was the age of 21 years. To all, the boy agreed, and upon reaching the age of agreement, he preferred the money to remain in his uncle’s account as advised by him on conditions that it earned interest.
William E. Story Sir, however, died twelve years later before he had closed the deal with his nephew. The executor ( Sidway) on the uncle’s side, however, after the uncles’ death refused to pay Hamer (William E. Story II representative in court) the money plus the interest earned claiming that the boy’s case had no valid consideration for the promise. This case was, therefore, filed in the court of law to determine whether William E. Sir qualified to be given the money as claimed.
Issue
Is a waiver of any legal right at the request of another party a sufficient consideration for a promise?
Answer: Yes.
Courts Rationale
The court considered that there was a promise made to the nephew. Any damage, or suspension, or forbearance of the right was sufficient to sustain the promise. It was, therefore, true that the promise was using tobacco, drinking liquor, and playing card of which he had a right to do so. However, the promise made him refrain from these characters, therefore, denying himself some of his rights. It was, therefore, a legal right that the nephew was awarded his price as promised by the uncle.
Significance of the Case
This case ruling is significant in the formation of contracts today, including those made online. For it to be valid and binding, a legal consideration must be given.