Schnell v. Nell

17 Ind. 29, 79 Am.Dec. 453 (1861)

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Schnell v. Nell

Supreme Court of Indiana
17 Ind. 29, 79 Am.Dec. 453 (1861)

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Facts

Schnell (defendant) entered into an agreement with his heirs including Nell (plaintiffs) to give them each $200. Schnell stated that his late wife had had such a gift in her will but did not have enough money to make the bequest. The agreement stated that as consideration Nell et. al. would each pay Schnell one cent. Nell et. al. brought suit when Schnell refused to make the payment. The court struck Schnell’s defense that the agreement was void for lack of consideration. Schnell appealed.

Rule of Law

Issue

Holding and Reasoning (Perkins, J.)

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