Mills v. Wyman, 20 Mass. 207 (1825).
Facts:
Parties: Mills, plaintiff vs. Wyman, defendant.
Levi Wyman, defendant’s son, about 25, had left his family long since and was traveling.
While traveling, Levi fell sick.
Plaintiff took care of Levi for some time at his own expense and without defendant requesting
this care.
Levi dies; defendant hears; in gratitude, promises to pay plaintiff’s expenses; later changes mind;
plaintiff sues for breach of contract.
Issue:
Whether there is consideration and thus a contract when there is no legal obligation on one of
the parties, only a strong moral obligation.
Rationale:
The court stated that there was a strong moral obligation on the defendant in this case. The
plaintiff had, at considerable expense and on his own time, taken care of the defendant’s son
when he fell sick.
However, the court stated that without obligation (i.e., consideration), there was no legal
contract, although this case was “a strong example of injustice . . . resulting from the operation
of general rules.”
Court: “The rule that a mere verbal promise, without any consideration, cannot be enforced by
action, is universal in its application, and cannot be departed from to suit particular cases in
which a refusal to perform such a promise may be disgraceful.”
Because there was no legal relationship between the son and the father, (e.g. the son was not
dependent on his father), the father did not have to keep his promise to the plaintiff to pay for
his son’s medical and housing expenses.
The court stated that moral obligations are not legal obligations.
Disposition: The court affirmed the nonsuit directed by the lower court in favor of the defendant.
Holding: The court held that because moral obligation does not equal consideration that there was not a
contract.
Rule: There is no consideration and thus no contract when there is no legal obligation on one of the
parties, only a strong moral obligation.
