Thursday, November 11, 2021
We are indebted to Richard Craswell for a great deal of contracts scholarship as well as quite a few musical compositions on the subject of contracts law. We posted many of them back in 2012. This one came later:
It is worth reading Professor Craswell's notes after the case. They explain, among other things, why Judge Cardozo raises promissory estoppel but never rules on whether the College could enforce the charitable pledge on that basis.
Judge Cardozo could not really rule on that basis, because the College never claimed any reliance. Or could he? He's Cardozo! He could persuade me of just about anything. Because he did not write it (but concurred in the decision), I will never understand the reasoning in Mitchill v. Lath.
H/T my student, Tom Taylor.