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Question: William E. Story, Sr., was the uncle


William E. Story, Sr., was the uncle of William E. Story II. In the presence of family members and others, the uncle promised to pay his nephew $5,000 ($76,000 in today’s dollars) if he would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he reached the age of twenty-one.
The nephew agreed and fully performed his part of the bargain. When he reached the age of twenty one, he wrote and told his uncle that he had kept his part of the agreement and was therefore entitled to $5,000. The uncle wrote a letter back indicating that he was pleased with his nephew’s performance and saying “you shall have five thousand dollars, as I promised you.” The uncle also said that the $5,000 was in the bank and that the nephew could “consider this money on interest.” The nephew left the $5,000 in the care of his uncle, where it would earn interest under the terms and conditions of the letter.
The uncle died about twelve years later without having paid his nephew any part of the $5,000 and interest. The executor of the uncle’s estate Sidway, the defendant in this action) claimed that there had been no valid consideration for the promise. Sidway refused to pay the $5,000 (plus interest to Hamer, a third party to whom the nephew had transferred his rights in the note. The court reviewed the case to determine whether the nephew had given valid consideration under the law.
Courts will not ask whether the thing which forms the consideration does in fact benefit the promise or a third party, or is of any substantial value to anyone. It is enough that something is promised, done, forborne, or suffered by the party to whom the promise is made as consideration for the promise made to him. In general a waiver of any legal right at the request of another party is a sufficient consideration for a promise. Any damage, or suspension, or forbearance of a right will be sufficient to sustain a promise. Now, applying this rule to the facts before us, the promise used tobacco, occasionally drank liquor, and he had a legal right to do so. That right he abandoned for a period of years upon the strength of the promise of the testator his uncle that for such forbearance he would give him $5,000. We need not speculate on the effort which may have been required to give up the use of those stimulants. It is sufficient that he restricted his lawful freedom of action within certain prescribed limits upon the faith of his uncle’s agreement.
The court ruled that the nephew had provided legally sufficient consideration by giving up smoking, drinking, swearing, and playing cards or billiards for money until he reached the age of twenty-one. Therefore, he was entitled to the funds.
Although this case was decided more than a century ago, the principles enunciated by the court remain applicable to contracts formed today, including online contracts. For a contract to be valid and binding, consideration must be given, and that consideration must be something of legally sufficient value.

Required:
If the nephew had not had a legal right to engage in the behavior in which he agreed not to indulge, would the result in this case have been different? Explain.


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2.99

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