Court case(1880) ILR 3 All 221

The plaintiff built, at his own expense, certain shops in a grain market (ganj) at Etawah at the desire of the District Collector. The defendants later occupied the shops. In consideration of the plaintiff having spent money on the construction, they signed an agreement promising to pay him a commission on the articles sold through their agency in the market. They did not pay, and the plaintiff sued on the agreement.

The Allahabad High Court held that the agreement was void for want of consideration. Under s. 2(d) the act relied on as consideration must have been done 'at the desire of the promisor'. The plaintiff had built the shops at the desire of the Collector, not of the defendants; the defendants' later promise was merely an expression of gratitude for an act not done at their request.