It is said that consideration must not be confounded with motive.
It is true that it must not be confounded with what may be the
prevailing or chief motive in actual fact. A man may promise to
paint a picture for five hundred dollars, while his chief motive
may be a desire for fame. A consideration may be given and
accepted, in fact, solely for the purpose of making a promise
binding. But, nevertheless, it is the essence of a consideration,
that, by the terms of the agreement, it is given and accepted as
the motive or inducement of the promise. Conversely, the promise
must be made and accepted as the conventional motive or
inducement for furnishing the consideration. The root of the
whole matter is the relation of reciprocal [294] conventional
inducement, each for the other, between consideration and
promise.
A good example of the former branch of the proposition is to be
found in a Massachusetts case. The plaintiff refused to let
certain wood be removed from his land by one who had made an oral
bargain and given his note for it, unless he received additional
security. The purchaser and the plaintiff accordingly went to the
defendant, and the defendant put his name upon the note. The
plaintiff thereupon let the purchaser carry off the wood. But,
according to the testimony, the defendant signed without knowing
that the plaintiff was to alter his position in any way on the
faith of the signature, and it was held that, if that story was
believed, there was no consideration. /1/
An illustration of the other half of the rule is to be found in
those cases where a reward is offered for doing something, which
is afterwards done by a person acting in ignorance of the offer.
In such a case the reward cannot be claimed, because the alleged
consideration has not been furnished on the faith of the offer.
The tendered promise has not induced the furnishing of the
consideration. The promise cannot be set up as a conventional
motive when it was not known until after the alleged
consideration was performed. /2/
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