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Schweizer (D) made an agreement with his daughter and her fiancé, the Count Oberto Gullintelli, to pay an annual sum if they kept their promise to marry. The sum was to be $2,500 per annum for her lifetime. The first payment was to be made on the wedding day, January 20, 1902. D made payments until 1912. DeCicco (P), held an assignment executed by the daughter and the Count. P sued to recover the payment for 1912. D defended the nonpayment on the basis that the agreement was without consideration and therefore was unenforceable. P won the judgment and D appealed.

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