Bainbridge v Firmstone

 

(1839) 8 Ad & El 743

Queen's Bench

 

Bainbridge, at the request of Firmstone, allowed Firmstone to weigh two of his boilers. Firmstone promised that he would, within a reasonable time after he had weighed the boilers, return the boilers in a perfect and complete condition. Firmstone took the boilers to pieces, weighed them and then refused to put them back together again. Bainbridge sued Firmstone for breach of his promise to return the boilers in a perfect and complete condition; Firmstone pleaded lack of consideration.

 

Patteson J

 

The consideration is, that [Bainbridge], at [Firmstone's] request consented to allow [Firmstone] to weigh the boilers. I suppose [Firmstone] thought he had some benefit; at any rate, there is a detriment to [Bainbridge] from his parting with the possession for even so short a time.

 

What was Firmstone's consideration in the above case?