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Contract I. Contract I.
Contract I.
Contract I.
ALLEGHENY5
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ALLEGHENY5
What she says in effect is this: I hand you $1,000, and if you are unwilling to commemorate me, the time to speak is now. The conclusion thus reached makes it needless to consider whether, aside from the feature of a memorial, a promissory estoppel may result from the assumption of a duty to apply the fund, so far as already paid, to special purposes not mandatory under the provisions of the college charter (the support and education of students preparing for the ministry). An assumption induced by the belief that other payments sufficient in amount to make the scholarship effective would be added to the fund thereafter upon the death of the subscriber. The judgment of the Appellate Division and that of the Trial Term should be reversed, and judgment ordered for the plaintiff as prayed for in the complaint, with costs in all courts. The Chief Judge finds in the expression, 'In loving memory this gift shall be known as the Mary Yates Johnston Memorial Fund,' an offer on the part of Mary Yates Johnston to contract with Allegheny College. The expression makes no such appeal to me. Allegheny College was not requested to perform any act through which the sum offered might bear the title by which the offeror states that it shall be known. The sum offered was termed a 'gift' by the offeror. Consequently, I can see no reason why we should strain ourselves to make it, not a gift, but a trade. Moreover, since the donor specified that the gift was made, 'In consideration of my interest in Christian education, and in consideration of others subscribing,' considerations not adequate in law, I can see no excuse for asserting that it was otherwise made in consideration of an act or promise on the part of the donee, constituting a sufficient quid pro quo to convert the gift into a contract obligation. To me the words used merely expressed an expectation or wish on the part of the donor and failed to exact the return of an adequate consideration. But if an offer indeed was present, then clearly it was an offer to enter into a unilateral contract. The offeror was to be bound provided the offeree performed such acts as might be necessary to make the gift offered become known under the proposed name. This is evidently the thought of the Chief Judge, for he says: 'She imposed a condition that the 'gift' should be known as the Mary Yates Johnston Memorial Fund.' In other words, she proposed to exchange her offer of a donation in return for acts to be performed. Even so, there was never any acceptance of the offer, and therefore no contract, for the acts requested have never been performed. The gift has never been made known as demanded. Indeed, the requested acts, under the very terms of the assumed offer, could never have been performed at a time to convert the offer into a promise. This is so for the reason that the donation was not to take effect until after the death of the donor, and by her death her offer was withdrawn.
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1 What she says in effect is this: I hand you $1,000, and if you are unwilling to commemorate me, the time to speak is now. 2 The conclusion thus reached makes it needless to consider whether, aside from the feature of a memorial, a promissory estoppel may result from the assumption of a duty to apply the fund, so far as already paid, to special purposes not mandatory under the provisions of the college charter (the support and education of students preparing for the ministry). 3 An assumption induced by the belief that other payments sufficient in amount to make the scholarship effective would be added to the fund thereafter upon the death of the subscriber. 4 The judgment of the Appellate Division and that of the Trial Term should be reversed, and judgment ordered for the plaintiff as prayed for in the complaint, with costs in all courts. 5 The Chief Judge finds in the expression, 'In loving memory this gift shall be known as the Mary Yates Johnston Memorial Fund,' an offer on the part of Mary Yates Johnston to contract with Allegheny College. 6 The expression makes no such appeal to me. 7 Allegheny College was not requested to perform any act through which the sum offered might bear the title by which the offeror states that it shall be known. 8 The sum offered was termed a 'gift' by the offeror. 9 Consequently, I can see no reason why we should strain ourselves to make it, not a gift, but a trade. 10 Moreover, since the donor specified that the gift was made, 'In consideration of my interest in Christian education, and in consideration of others subscribing,' considerations not adequate in law, I can see no excuse for asserting that it was otherwise made in consideration of an act or promise on the part of the donee, constituting a sufficient quid pro quo to convert the gift into a contract obligation. 11 To me the words used merely expressed an expectation or wish on the part of the donor and failed to exact the return of an adequate consideration. 12 But if an offer indeed was present, then clearly it was an offer to enter into a unilateral contract. 13 The offeror was to be bound provided the offeree performed such acts as might be necessary to make the gift offered become known under the proposed name. 14 This is evidently the thought of the Chief Judge, for he says: 'She imposed a condition that the 'gift' should be known as the Mary Yates Johnston Memorial Fund.' 15 In other words, she proposed to exchange her offer of a donation in return for acts to be performed. 16 Even so, there was never any acceptance of the offer, and therefore no contract, for the acts requested have never been performed. 17 The gift has never been made known as demanded. 18 Indeed, the requested acts, under the very terms of the assumed offer, could never have been performed at a time to convert the offer into a promise. 19 This is so for the reason that the donation was not to take effect until after the death of the donor, and by her death her offer was withdrawn.