12 Johns. 190 | N.Y. Sup. Ct. | 1815
It might well be questioned, whether the memorandum, which is set up as the contract between these parties, and upon which this action is founded, is not void for want of consideration. It would seem to be a mere proposition, on the part of the defendant, and without mutuality. Nothing was to be done by the plaintiff; it was optional with him whether he would comply or not, on his part, and the.deféndant derived no benefit or advantage whatever from the proposition. The case of Cooke v. Oxley, (3 Term Rep. 653.) is very much in point