Story Case

Silas Hightower, a farmer, said to Buskin, a laborer, "Buskin, if you will work for me for three months, I'll pay you $20 a month. You will start work next week and until that time do not hire out to anybody else because you are under contract with me. In return, I promise to hire you next week".

Buskin assented to this agreement but on the next day he hired out to Barrett on a year's contract, thereby disregarding his agreement with Hightower.

Hightower sued Buskin for breach of the contract to work for him. Buskin defended on the ground that Hightower had given him no consideration for the promise to work, and hence that the promise was not binding.

Which party should prevail?

Ruling Court Case. George Vs. Harris, Volume 4 New Hampshire Reports, Page 533; Volume 17 American Decisions, Page 446

Harris, one of twenty-nine men, signed his name to the following agreement:

"For the purpose of providing a suitable courthouse in the town of Plymouth, we, the subscribers, severally promise to pay the sums set against our respective names, or so much thereof as may be necessary".

Opposite the name of Harris was set the sum of one hundred dollars. But when called upon for his subscription, he refused to pay it or any part thereof. Suit was begun against him for the recovery of one hundred dollars.

His defense consisted of the plea that his promise was made without consideration and, therefore, was not binding upon him. He contended that he made an offer of a promise, but that promise did not become binding upon him by the promises of others who likewise signed the agreement.

Decision

This is a case where one person makes an offer of a promise to do something, which is accepted by a promise on the part of others to do the same or a similar thing. His offer of a promise was accepted by the promise of the others who signed the same agreement. Therefore, his promise is binding and recovery may be had against him.

Accordingly, it was held that the one hundred dollars might be recovered from him in accordance with his agreement.

Ruling Law. Story Case Answer

An offer quite frequently takes the form of an offer of a promise for a promise. Where such an offer is made, it becomes binding when the promise in return is made by the person to whom the offer of the promise was. first made.

In the Story Case, Hightower clearly should prevail. He did give consideration for Buskin's promise to work - the consideration was Hightower's promise to hire him. A promise is valuable consideration.