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Story agreed with his nephew William that if William would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21, Story would pay him $5,000. When William became 21, he received a letter from Story stating that he had earned the $5,000 and that the funds would be retained until William was capable of taking care of them. Story promised to give the monies with interest when William could take care of them. William agreed to those terms. Story died twelve years later without turning over the funds. William assigned the funds to Hamer (P) who sued the executor, Sidway (D). The trial court found for P. That judgment was reversed on appeal. P then appealed.

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