[goodsamaritan]

[ QUOTE ]

And that mere promises, lacking consideration, are not binding


[/ QUOTE ]

That's true, but I think there is a very good chance that there was consideration here. It is very possible that either: A) Gold made the promise to split the winnings when he failed to find celebrities for Bodog and asked Leyser for help, or B) both Leyser and Gold agreed that they would split the winnings and both try to find celebrities for Bodog. In either of those scenarios there would be consideration.

The evidence for consideration is sketchy and basically just Gold's word versus Leyser's word, but it only has to be greater than 50/50. I think you could make a very good argument that Gold would not have left that message to Leyser if he had merely made an offhand promise to Leyser after the fact.