Barnes v. Perine

New York Court of Appeals · 1854 · Contracts

2 N.Y. 18 (1854)

Updated July 26, 2026

Contractsconsiderationcharitable subscriptionssubscriptioncharitable pledgerequestreliancedetriment to promisee

Facts

The defendant signed a subscription promising to pay $150 toward a $5,000 fund to build a new Presbyterian church in place of an old one. After signing, he attended and participated in meetings at which a building committee was appointed and resolutions were adopted directing the trustees and committee to proceed with the project, incur obligations, and erect the new church according to a proposed plan. The defendant did not revoke his promise until after contracts had been made, expenses incurred, and labor performed in carrying out the project. The action was brought by the trustees, representing the corporate church body.

Issue

Whether the defendant's written church-building subscription, though originally challenged as lacking consideration, became enforceable because the trustees or their agents undertook labor, expense, and contractual obligations at the defendant's request and in reliance on his promise.

Rule

An executory simple contract must rest on legally sufficient consideration. Consideration may consist of any obligation, harm, inconvenience, or disadvantage incurred by the promisee on the faith of the promise and at the promisor's request; thus, a subscription promise for a public or religious purpose is enforceable when the promisee, acting for the beneficiary, performs or incurs obligations in compliance with the promisor's request, whether that request is expressed in writing or proved verbally or by conduct.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Albany, Noah Mercer signed a written pledge promising $2,000 toward a neighborhood library addition. After signing, he attended two donor meetings, voted to authorize the library trustees to hire a contractor and order steel, and the trustees entered those contracts before Noah attempted to withdraw his pledge.

Is Noah's pledge most likely enforceable?

Explanation. The majority held that a subscription promise becomes enforceable when the promisee, acting for the beneficiary, incurs obligations, labor, or expense on the faith of the promise and at the promisor's request. Here, Noah's participation in meetings and vote authorizing contracts is evidence of a request that the trustees proceed, and the trustees then incurred contractual obligations before revocation. Personal pecuniary benefit to the promisor is unnecessary.