Miller v. Oglethorpe University

1. While as a general rule a promise tq donate money to a charitable purpose is gratuitous and unenforceable unless some consideration therefore exists, a consideration for such a promise is supplied where the promisee, during the life of the promisor and before a withdrawal of the promise and in reliance thereon, expends money and incurs enforceable liabilities in furtherance of the contemplated enterprise, or if such a promise be a mutual subscription for a common object, the promise of the others is a good consideration for the promise of each. Civil Code (1910), § 4246; Wilson v. First…