Seavey v. Drake
Supreme Court of
62 N.H. 393.
Facts: The plaintiff’s dad orally promised him part of his
land. The plaintiff dropped a debt owed
by his father to him, and then his father gave him more land. The plaintiff made improvements on the
land. The plaintiff sued his father’s
estate to get a deed to the land.
Issue: Shall the oral contract for land be enforced?
Rule: Making improvements on land promised by a donor constitutes
consideration in equity for the promise.
Analysis: The court says there is no difference between a sale of
land and a gift of land so long as the receiver of the land has expended time
and money on improving the land.
Conclusion: The oral contract is enforced.