In Hammer v. Sidway, 27 N.E. 256 (N.Y. 1891), an uncle promised to pay his nephew $5,000 if the nephew would not drink, smoke or play cards until he was twenty-one (it was the late 1800's and the nephew had a legal right to do these things.
The nephew did refrain from drinking, smoking and playing cards until he was twenty-one. However, by that time, the uncle had died and the executor of his estate refused to pay the money on the ground that the promise lacked consideration.
First, let us approach this by applying the bargain theory.
True or False - The uncle gave his promise to pay the $5,000 in order to get in exchange the nephew's performance of not drinking, smoking and playing cards until he was twenty-one.