Consideration

A owes B $500, and writes B "I cannot pay you now, but I will never set up the statute of limitations against your claim." B delays bringing an action to collect his claim until more than the statutory period from the time of A's promise not to set up the statute has expired.

A may then successfully assert the bar of the statute. 82

A promises B not to foreclose, for a specified time, a mortgage which A holds on B's land. B thereafter makes improvements on the land.

A's promise is binding and may be enforced by denial of foreclosure before the time has elapsed. 90

A owes B three debts of $500 each. All of the debts are barred by the statute of limitations. A writes to B, "I promise to pay you one of those $500 debts which I owe; the other two I shall not pay."

A's promise of $500 is binding. 82

A owes B $100, and the debt is discharged in A's bankruptcy. Thereafter A promises in writing to pay the debt "as soon as I sell the mill." Two years later A sells the mill.

B can recover the debt from A by an action brought within the period fixed by the statute of limitations after the sale. If the subsequent promise were oral, B would be limited in most States to an action within the statutory period after the original debt became due. 83

A offers to B a "blanket arrangement" to buy "poultry grown by you" at stated prices. As contemplated, B buys 7,000 baby chicks and begins raising them for sale to A as "broilers." Thereafter A purports to revoke the offer.

B has the rights of an aggrieved seller under a contract for the sale of 7,000 "broilers." 87

By a written contract A agrees to excavate a cellar for B for a stated price. Solid rock is unexpectedly encountered and A so notifies B. A and B then orally agree that A will remove the rock at a unit price which is reasonable but nine times that used in computing the original price, and A completes the job.

B is bound to pay the increased amount. 89

A applies to B, a distributor of radios manufactured by C, for a "dealer franchise" to sell C's products. Such franchises are revocable at will. B erroneously informs A that C has accepted the application and will soon award the franchise, that A can proceed to employ salesmen and solicit orders, and that A will receive an initial delivery of at least 30 radios. A expends $1,150 in preparing to do business, but does not receive the franchise or any radios.

B is liable to A for the $1,150 but not for the lost profit on 30 radios. 90

A sues B in a municipal court for damages for personal injuries caused by B's negligence. After the one year statute of limitations has run, B requests A to discontinue the action and start again in the superior court where the action can be consolidated with other actions against B arising out of the same accident. A does so.

B's implied promise that no harm to A will result bars B from asserting the statute of limitations as a defense. 90

A has been employed by B for 40 years. B promises to pay A a pension of $200 per month when A retires. A retires and forbears to work elsewhere for several years while B pays the pension.

B's promise is binding. 90

A leases a farm to B and later gives B an "option" to buy the farm for $15,500 within five years. With A's approval, B makes permanent improvements in the farm buildings, builds roads, drains and dams, and contours plow land, using his own labor and expending several thousand dollars. Toward the end of the five years, A purports to revoke the option, demanding a higher price. B then gives written notice of acceptance in accordance with the terms of the offer.

Specific performance by A may be decreed. 87

A contracts to manufacture and sell to B 100,000 castings for lawn mowers at 50 cents each. After partial delivery and after B has contracted to sell a substantial number of lawn mowers at a fixed price, A notifies B that increased metal costs require that the price be increased to 75 cents. Substitute castings are available at 55 cents, but only after several months delay. B protests but is forced to agree to the new price to keep its plant in operation.

The modification is not binding. 89

In consideration of one cent received, A promises to pay $600 in three yearly installments of $200 each.

The one cent is merely nominal and is not consideration for A's promise. 79

A owes B $100 and the claim is not yet barred by the statute of limitations. A promises B in a signed writing to pay the debt.

The promise is binding, and the statute of limitations will not bar the claim for the statutory period after the making of the new promise. 82

A finds B's escaped bull and feeds and cares for it. B's subsequent promise to pay reasonable compensation to A

The promise is binding. 86

A saves B's life in an emergency and is totally and permanently disabled in so doing. One month later B promises to pay A $15 every two weeks for the rest of A's life, and B makes the payments for 8 years until he dies.

The promise is binding. 86

A owes B $100 and is about to go into bankruptcy. Immediately before filing his petition he promises B to pay the debt in spite of any discharge that he may get in bankruptcy.

The promise is not binding but would have been binding if it had been made after the petition in bankruptcy was filed. 83

A lends money to B, who later dies. B's widow promises to pay the debt.

The promise is not binding under this Section. 86

A gives emergency care to B's adult son while the son is sick and without funds far from home. B subsequently promises to reimburse A for his expenses.

The promise is not binding under this Section.86

A is indebted to B on a judgment, which is barred by a twelve-year statute of limitations, and makes a written promise to B to pay the debt.

The subsequent promise does not revive the judgment, but may be the basis of an action. 82