Facts William E. Story, Sr. (uncle) promised to pay his nephew, William E. Story II $5,000 if he refrained from drinking, smoking, swearing, and playing cards or billiards for money until he reached 21 years old. Although, it was legal to drinking and play cards for money during the late 1860 's; the nephew agreed and completed his part of the bargain. The nephew also wrote a letter to his uncle about the agreement. The uncle replied and told him the money would include interest under the terms and conditions of the letter. Twelve years later, the uncle died without paying his nephew any of the $5,000 with interest. Hamer, the plaintiff and a third party that the nephew transferred his rights to in the letter. Sidway, the defendant and the executor