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This is a very famous case in contract law, Hamer v. Sidway:
quote:At a family celebration and in the presence of family and invited guests, William E. Story, Sr., the uncle of William E. Story, 2d, promised his nephew that if he would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he was 21 years old, the uncle would pay him $5,000. The nephew agreed and abided by the terms of his uncle's promise. When the nephew asked for his money, the uncle replied that he fully intended to hand over the $5,000, but that he felt that he should keep the money until the nephew got his feet on the ground. The nephew never received the money; eventually he transferred his right to receive the $5,000 plus interest to another person named Hamer. Presumably Hamer was willing to give him immediate cash, say, $4,000. Before Hamer could collect the $5,000 plus interest from the uncle, the uncle died. So, in the opinion excerpted below, Hamer is suing Sidway, who is the executor of the uncle's estate, to recover $5,000 plus interest.
On his 21st birthday the nephew William E. Story, 2d, wrote to his uncle, William E. Story, Sr., to tell him that he had performed his part of the promise and thought he was entitled to the $5,000. The uncle shortly thereafter wrote the following letter to his nephew:
"Buffalo, Feb. 6, 1875, W. E. Story, Jr.--
Dear Nephew; Your letter of the 31st ult. came to hand all right, saying that you had lived up to the promise made to me several years ago. I have no doubt but you have, for which you will have five thousand dollars, as I promised you. I had the money in the bank the day you was [sic] twenty one years old that I intend for you, and you have the money certain. Now Willie, I do not intend to interfere with this money in any way till I think you are capable of taking care of it, and the sooner that time comes the better it will please me. I would hate very much to have you start out in some adventure that you thought all right and lose this money in one year. The first five thousand dollars that I got together cost me a heap of hard work ... This money you have earned much easier than I did, besides, acquiring good habits at the same time, and you are quite welcome to the money. Hope you will make good use of it. I was ten long years getting this together after I was your age ... Truly yours, W. E. Story.
P. S. You can consider this money on interest."
The nephew received the letter, and thereafter consented that the money should remain with his uncle in accordance with the terms and conditions of the letter. The uncle died on the 29th day of January, 1887, without having paid over to his nephew any portion of the said $5,000 and interest. Sometime after February, 1875, the nephew had transferred his entitlement to Hamer, who has presented the claim for the money to Sidway, the executor of the uncle's estate.
quote:Not that smoking is good for me...but I kinda like it. But when you're poor you don't have many choices anymore.
Now you will not only have the money from your dad...you will have the money you saved from not smoking. Posts: 1901 | Registered: May 2004
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Not to mention more enjoyment of food and beverages, a better sex life, more energy, less cleaning (of your home, car and clothes)...
Posts: 2069 | Registered: May 2001
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My sister had to quit smoking ten years ago - no money to feed her kid unless she did. She posted notes all over the house with all the reasons she wanted to quit smoking. She'd run into the notes frequently, and it really helped her stay on track. She couldn't afford the patch or nicotine gum or any of that other stuff - just went cold turkey.
She hasn't had a puff since.
So, to repeat, YOU CAN DO IT!!!!
Posts: 8355 | Registered: Apr 2003
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Never having smoked, I cannot know what it is like to quit, but from what I've heard, it is a difficult thing. I'm proud of you for undertaking it though! You will be healthier, happier and wealthier in the long run. I hope you are successful! Posts: 5879 | Registered: Apr 2001
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I'm not a smoker either, but I hear drinking lots of fluids (especially juice) helps for the very first few days of withdrawal.
Posts: 4089 | Registered: Apr 2003
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I heard somewhere that if you breate through your nose always, then smoking isn't bad for your health. Is this true?
Posts: 2756 | Registered: Jul 2002
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Good on you, Telpy! I know you can do it! IM me if you ever need to talk about cravings. I'm in the process of quitting myself and it's going really well.
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Good luck Telperion. Put the money you save on cigs away and buy yourself something nice - like a new computer or something. Posts: 2034 | Registered: Apr 2004
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Dag, what was the ruling in that case...IMO, which usually has little if anything to do with what the law says, the person Hamer should be able to collect such debt, providing he is able to properly document his current ownership.
quote:Dag, what was the ruling in that case...IMO, which usually has little if anything to do with what the law says, the person Hamer should be able to collect such debt, providing he is able to properly document his current ownership.
The case is taught as an example of "consideration," which basically means that for a promise to be enforced, the promisor must receive something of value for it.
In this case, the court ruled that the nephew's abstaining from things he was legally entitled to do was something of value. The court rejected the argument that abstaining from smoking and gambling was in and of itself "good" for the nephew and so not something of value to the uncle.
So the contract was upheld. It's a fun little case, and one of the few we studied where promises between family members are enforced in court.
quote: I'm not a smoker either, but I hear drinking lots of fluids (especially juice) helps for the very first few days of withdrawal.
There is actually interesting biochemistry behind this, apparently nicotine triggers acetlycholine receptors which make the cells pull in salt and kick out potassium. At least that's how I read this.
This is probably why a lot of smokers seem to gain weight when they quit- part of it is compensatory eating to calm themselves. But also, the extra salt the body has been storing will retain water at first. P.S. so keep drinking that water and real juices to flush out the extra salt. Don't deprive yourself of salt- the last thing you need is worry about avoiding other stuff![/p.s.]
If you find yourself craving sweets, you may want to go for items that actually provide potassium, such as bananas, fruit and baked potatoes (not chips or fries). Potassium/Sodium content of foods list It seems to me that our taste buds evolved to get us to eat sweet things for potassium and vitamins, and salty things for protein. But civilization has taught us to short circuit the foods and go right for the tastes.
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You've just been posting one fascinating biological insight after another lately pooka! I'm loving it.
Posts: 16059 | Registered: Aug 2000
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I like what this article says about the tastes (morning breath, after-dinner) in your mouth triggering the urge for a smoke. The author recommends cinnamon mouthwash for killing morning breath, frequent tooth-brushing, and lots of grapefruit juice.
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Best of luck with quitting smoking and with the job hunt.
