| Title
& Citation |
Greiner
v. Greiner
131 Kan. 760, 293 P. 759 (1930)
Author: Mike V. |
| Court |
Kansas
Supreme Court |
| Issue |
Can
one revoke a promise if there isnt consideration
but they know the other party will have detriment due to
reliance on the promise? |
| Parties |
P
Mom took back the promise of land to her
son. She argues that (1) she didnt receive
consideration. (2) the promise to give land was
merely a future intention to help son, not a definite
contract. |
| D-
son whose mom promised him 80 acres but she changed her
mind. |
| Procedure |
Son
sued Mom. Court ordered the mom to give son the
land. Mother
appealed.
|
| Facts |
Mom
promised to give her son 80 acres of land. Son
moved from his homestead to settle in the 80 acres.
The son made some improvements on the land and lived
there for 1 year. Then, his mom told him to move. |
| Reference |
Restatement
of Contracts §90 A promise which the promisor
should reasonably expect to induce action of forbearance
of definite/substantial character on the promissee is
binding if injustice can be avoided only by enforcement
of the promise. |
| Holding |
Affirmed
District Court verdict for Plaintiff. Offer was
made definite when mom segregated a 80 acre tract for her
son. |
| Rule
/ Reason |
Restatement
of Contracts §90 |
| Dissent |
|
| Comments |
|