Talbott v. Stemmons' Ex'r
Court of Appeals of Kentucky
Case 34 — PETITION OKDINABY APPEAL PROM BOURBON COURT OP COMMON PLEAS. An agreement to abstain from the use of tobacco is not a sufficient consideration to uphold a promise to pay money. It cannot be said that the promisor has received any benefit, or that the promisee has parted with any thing of value, or incurred any detriment or inconvenience in any legal sense, as the consideration of the promise.
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Case 34 — PETITION OKDINABY APPEAL PROM BOURBON COURT OP COMMON PLEAS. An agreement to abstain from the use of tobacco is not a sufficient consideration to uphold a promise to pay money. It cannot be said that the promisor has received any benefit, or that the promisee has parted with any thing of value, or incurred any detriment or inconvenience in any legal sense, as the consideration of the promise. No presumed gratification to the pi'omisor can bo deemed a consideration in' law. A consideration in the law of contracts must be in some sense a thing of pecuniary value. (Metcalfe on…
1Opinion of the Court
JUDGE PRYOR
delivered tiie opinion oe the court.
This case comes from the Superior Court by an appeal.
Mrs. Sallie D. Stemmons, the step-grandmother of *224the plaintiff, Albert R. Talbott, made with the latter the following agreement:
“April 26, 1880.
“I do promise and bind myself to give my grandson, Albert R. Talbott, five hundred dollars at my death if he will never take another chew of tobacco or smoke another cigar during my life, from this date up to my death; and if he breaks this pledge, he is to refund double the amount to his mother.
“Signed Albert R. Talbott,
“Sallie D. Stemmons.”
The…
2Cited by15 opinions
- Harlan v. HarlanSupreme Court of Iowa · 1897
- Gannon v. BronstonCourt of Appeals of Kentucky (pre-1976) · 1932
- Rich v. PappasCourt of Appeals for the Sixth Circuit · 1956
- Stovall v. McCutchenCourt of Appeals of Kentucky · 1900
- Greer Bank & Trust Co. v. WaldropSupreme Court of South Carolina · 1930
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