Nichols v. Raynbred

Hobart 88, 80 Eng. Rep. 238 (K.B. 1615)

(Not much to brief, but here it is)

Parties

Plaintiff – Nichols

Defendant – Raynbred

Relief Requested

Nichols seeks 50 shillings from Raynbred

Issue

Whether Nichols may recover 50 shillings?

Facts

Nichols promised to deliver a cow to Raynbred upon the promised deliver of 50 shillings to Nichols

Holding

Both courts held that Nichols does not need to deliver the cow to Raynbred

Reasoning

This was a promise for a promise, which must occur “at one instant”

Rule

An unenforceable contract, because both parties entered into a nuda pacta (not “clothed” with consideration) – Only enforceable upon a mutual condition (both parties to perform at the same time – that is to exchange the money and the cow at the same)