Court: |
Supreme Court of Nebraska |
|
Facts: |
J.C. Ricketts, grandfather to Katie Scothorn, promises to pay her
$2K on demand in a 6%/year manner, so that she doesn't have to
work. She quits her job as a bookkeeper (she earned $10/week
at this job, and she's quitting to get $120/year?). Later she
got another job, with the grandfather's help. Then he dies,
regretting that he was unable to pay the balance, but saying
that if he could sell off his Ohio farm he would do so.
|
|
Posture: |
She makes a claim against the estate, it is rejected. Initial
trial finds for the plaintiff. |
|
Issue: |
Is there an equitable estoppel which ought to make the note
enforceable, even though it lacks consideration? |
|
Holding: |
Yes. Judgment is affirmed. |
|
Rule: |
It would be inequitable to let the defendant off on a technicality,
given that Katie made life-changing decisions in reliance on
this promise. |
|
Reasoning: |
The note didn't make any demands of Katie. There was no quid pro
quo. In fact, this is like a gift or donation. |
|
Dicta: |
|