Eycleshimer v. Van Antwerp
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Tbe complaint alleged that Van Antwerp, in 1855, executed and delivered to A. Hyatt Smith an instrument in writing, by which be promised to pay, two years after date, to said Smith or order $100, witb interest, &c., provided Smith should, within that time, cause to be erected a hotel in Janesville, upon a certain site, and in accordance witb a certain plan therein described; that Smith, within tbe time specified, duly…
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APPEAL from tbe Circuit Court for Jefferson County. Tbe complaint alleged that Van Antwerp, in 1855, executed and delivered to A. Hyatt Smith an instrument in writing, by which be promised to pay, two years after date, to said Smith or order $100, witb interest, &c., provided Smith should, within that time, cause to be erected a hotel in Janesville, upon a certain site, and in accordance witb a certain plan therein described; that Smith, within tbe time specified, duly performed tbe condition therein mentioned, and in 1859, transferred said instrument in writing to tbe plaintiff, for value ;…
1Opinion of the Court
By the Court,
DixoN, C. J.
The rules of law as to what constitutes a sufficient consideration to support a promise, are well settled. They are, that it must be some matter of benefit to him who makes the promise, or of loss or disadvantage to him to whom it is made; and in addition to this, it must appear that it arose or was moved at the express or implied request of the promisor. The question here is, whether the case made by the complaint comes within these rules. And we think it does. The expense and obligations incurred by Smith, the promisee, in the erection of the hotel, were such a loss…
2Cited by9 opinions
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- McPherson v. FargoSouth Dakota Supreme Court · 1898
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Gegare v. Fox River Land & Loan Co.Wisconsin Supreme Court · 1913
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