## Facts

- A subscriber signed a written pledge to pay $100 toward construction of a Presbyterian church for a congregation in Blossburg.
- The pledge contemplated that the church would be built at a specified place and for the stated purpose.
- Relying on subscriptions, the congregation, acting through its trustees, proceeded with construction and incurred expense to build the church as contemplated.
- After the church was built (or substantially built) in the contemplated location, the subscriber refused to pay the pledged $100.
- The trustees sued in assumpsit to recover the amount of the subscription.

## Issues

1. Whether a written religious subscription is supported by consideration, and therefore enforceable, when the congregation incurs expense and builds the church in reliance on the pledge.
2. Whether the trial court properly instructed the jury that, if it found the subscription and performance of the contemplated condition, it must find for the trustees.
3. Whether the trustees were proper parties to enforce the subscription and recover the pledged amount (and related costs).

## Decision

- The Supreme Court of Pennsylvania affirmed the judgment for the trustees.
- The Court held the subscription became a binding obligation once the congregation relied on it by building the church and incurring expense.
- The Court found no error in the jury instructions directing liability if the jury found the pledge and performance as alleged.
- The trustees were permitted to recover the $100 (with costs as allowed).

## Legal Principles

- A voluntary subscription for religious or charitable purposes may be treated as an offer that becomes binding upon acceptance by performance.
- Consideration may be supplied by the promisee’s reliance: undertaking work or incurring expense in carrying out the subscribed objective.
- When the jury finds the facts of the subscription and the contemplated performance, the court determines the legal effect of those facts, including enforceability.
- Trustees or authorized representatives of a religious body may sue to enforce a subscription made for the body’s benefit.

## Conclusion

A written pledge to fund construction of a church was enforceable because the congregation acted in reliance on the pledge by building the church and incurring expense, making the promise supported by consideration and recoverable by the congregation’s trustees.


Ryerss v. Trs. of Presbyterian Congregation of Blossburg, 33 Pa. 114 (Pa. 1859)