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Contract I. Contract I.
Contract I.
Contract I.
ALLEGHENY3
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ALLEGHENY3
The promisor wished to have a memorial to perpetuate her name. She imposed a condition that the 'gift' should 'be known as the Mary Yates Johnston Memorial Fund.' The moment that the college accepted $1,000 as a payment on account, there was an assumption of a duty to do whatever acts were customary or reasonably necessary to maintain the memorial fairly and justly in the spirit of its creation. The college could not accept the money and hold itself free thereafter from personal responsibility to give effect to the condition.... More is involved in the receipt of such a fund than a mere acceptance of money to be held to a corporate use.... The purpose of the founder would be unfairly thwarted or at least inadequately served if the college failed to communicate to the world, or in any event to applicants for the scholarship, the title of the memorial. By implication it undertook, when it accepted a portion of the 'gift,' that in its circulars of information and in other customary ways when making announcement of this scholarship, it would couple with the announcement the name of the donor. The donor was not at liberty to gain the benefit of such an undertaking upon the payment of a part and disappoint the expectation that there would be payment of the residue. If the college had stated after receiving $1,000 upon account of the subscription, that it would apply the money to the prescribed use, but that in its circulars of information and when responding to prospective applicants it would deal with the fund as an anonymous donation, there is little doubt that the subscriber would have been at liberty to treat this statement as the repudiation of a duty impliedly assumed, a repudiation justifying a refusal to make payments in the future. Obligation in such circumstances is correlative and mutual. A parallel situation might arise upon the endowment of a chair or a fellowship in a university by the aid of annual payments with the condition that it should commemorate the name of the founder or that of a member of his family. The university would fail to live up to the fair meaning of its promise if it were to publish in its circulars of information and elsewhere the existence of a chair or a fellowship in the prescribed subject, and omit the benefactor's name. A duty to act in ways beneficial to the promisor and beyond the application of the fund to the mere uses of the trust would be cast upon the promisee by the acceptance of the money. We do not need to measure the extent either of benefit to the promisor or of detriment to the promisee implicit in this duty. 'If a person chooses to make an extravagant promise for an inadequate consideration, it is his own affair.' It was long ago said that 'when a thing is to be done by the plaintiff, be it never so small, this is a sufficient consideration to ground an action.'.
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1 The promisor wished to have a memorial to perpetuate her name. 2 She imposed a condition that the 'gift' should 'be known as the Mary Yates Johnston Memorial Fund.' 3 The moment that the college accepted $1,000 as a payment on account, there was an assumption of a duty to do whatever acts were customary or reasonably necessary to maintain the memorial fairly and justly in the spirit of its creation. 4 The college could not accept the money and hold itself free thereafter from personal responsibility to give effect to the condition.... 5 More is involved in the receipt of such a fund than a mere acceptance of money to be held to a corporate use.... 6 The purpose of the founder would be unfairly thwarted or at least inadequately served if the college failed to communicate to the world, or in any event to applicants for the scholarship, the title of the memorial. 7 By implication it undertook, when it accepted a portion of the 'gift,' that in its circulars of information and in other customary ways when making announcement of this scholarship, it would couple with the announcement the name of the donor. 8 The donor was not at liberty to gain the benefit of such an undertaking upon the payment of a part and disappoint the expectation that there would be payment of the residue. 9 If the college had stated after receiving $1,000 upon account of the subscription, that it would apply the money to the prescribed use, but that in its circulars of information and when responding to prospective applicants it would deal with the fund as an anonymous donation, there is little doubt that the subscriber would have been at liberty to treat this statement as the repudiation of a duty impliedly assumed, a repudiation justifying a refusal to make payments in the future. 10 Obligation in such circumstances is correlative and mutual. 11 A parallel situation might arise upon the endowment of a chair or a fellowship in a university by the aid of annual payments with the condition that it should commemorate the name of the founder or that of a member of his family. 12 The university would fail to live up to the fair meaning of its promise if it were to publish in its circulars of information and elsewhere the existence of a chair or a fellowship in the prescribed subject, and omit the benefactor's name. 13 A duty to act in ways beneficial to the promisor and beyond the application of the fund to the mere uses of the trust would be cast upon the promisee by the acceptance of the money. 14 We do not need to measure the extent either of benefit to the promisor or of detriment to the promisee implicit in this duty. 15 'If a person chooses to make an extravagant promise for an inadequate consideration, it is his own affair.' 16 It was long ago said that 'when a thing is to be done by the plaintiff, be it never so small, this is a sufficient consideration to ground an action.'.