with such a matter at that time because he was ill, and that the father agreed to pay the proceeds over to her in exchange for her promise to refrain from approaching the decedent with the matter. The jury found in favor of the widow. The court affirmed, concluding that the widow's contention as to the promise made by the father was fully sustained by the evidence, and that the jury's verdict was not contrary to the evidence. Further, the court found that the wife had a right to request that the decedent change the beneficiary of the certificate and that her promise to refrain from so doing constituted sufficient considerationfor the father's promise. Problem 42oThe tribe will win. She promised a thousand dollars for the Indians not to sue forclaim of the land and a quit-claimed deed. (The promise to forbear has no value due to them believing that they do not have a case.
Sabrinna Lynn Maples 46
Sabrinna Lynn Maples Contracts 1 Fall 2016 Notes The Illusory Promise Read pages 212 224 (Stop just ‐‐‐ ‐ before the Hayes case). A. Illusory promise a. A promise which does not impose any real obligation on the part of the promisor B. Wood v. Lucy, Lady Duff-Gordon a. a promise may be lacking, and yet whole writing may be “instinct with an obligation”, imperfectly expressed. If that is so, there is a contract. b. Procedural Posture: i. Plaintiff marketer sought review of a judgment of the Appellate Division of the State Supreme Court, First Judicial Department (New York), which reversed the trial court's order denying a motion for judgment on the pleadings filed by defendant fashion designer and which granted the motion. The marketer asserted that the designer was bound by an implied contract. c. Facts: d. Holding: i. The court reversed the judgment e. Reasoning: i. the marketer gave valuable consideration by promising effective marketing and the splitting of profits pursuant to an implied contract.
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