The
plaintiff thereupon let the purchaser carry off the wood. But,
according to the testimony, the defendant signed without knowing
that the plaintiff was to alter his position in any way on the
faith of the signature, and it was held that, if that story was
believed, there was no consideration. /1/
An illustration of the other half of the rule is to be found in
those cases where a reward is offered for doing something, which
is afterwards done by a person acting in ignorance of the offer.
In such a case the reward cannot be claimed, because the alleged
consideration has not been furnished on the faith of the offer.
The tendered promise has not induced the furnishing of the
consideration. The promise cannot be set up as a conventional
motive when it was not known until after the alleged
consideration was performed. /2/
Both sides of the relation between consideration and promise, and
the conventional nature of that relation, may be illustrated by
the case of the cask. Suppose that the [295] truckman is willing
to carry the cask, and the owner to let him carry it, without any
bargain, and that each knows the other's state of mind; but that
the truckman, seeing his own advantage in the matter, says to the
owner, "In consideration of your delivering me the cask, and
letting me carry it, I promise to carry it," and that the owner
thereupon delivers it.
Pages:
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368