Mills v. Wyman

20 Mass. 207 (1825)

Quick Summary

Mills (plaintiff) cared for Levi Wyman, the son of Wyman (defendant), who fell ill and eventually died. For providing care to Levi during his illness, Wyman promised to reimburse all the expenses Mills incurred.

However, Wyman later refused to pay, and Mills brought suit to enforce Wyman’s promise. The issue was whether a written promise without legal consideration could be enforced.

The court ruled that the promise lacked legal consideration because Wyman received no preexisting legal obligation or value.

Facts of the Case

In February 1821, Levi Wyman, the son of defendant Wyman, fell ill in Hartford, Connecticut shortly after returning from a sea voyage. Levi, who was 25 years old and were no longer living with his family, was taken in and cared for by Mills (the plaintiff), for fifteen days until he passed away.

Mills, a stranger to Levi, provided board, nursing, and other services during this period. After Levi’s death, the Father Wyman, wrote a letter to Mills expressing his gratitude for the care he provided to his son.

In the letter, Wyman promised to reimburse Mills for the expenses incurred for Levi’s care during his illness. However, Wyman later reneged on his promise and refused to pay Mills.

In response, Mills brought a legal action seeking to enforce Wyman’s promise and recover his expenses.

Procedural Posture and History

  1. The plaintiff filed an action of assumpsit against the defendant.
  2. The case was tried in the Court of Common Pleas.
  3. The trial judge directed a nonsuit in favor of the defendant, stating that there was no legal consideration to support the defendant’s promise.
  4. The plaintiff filed exceptions to this direction.

I.R.A.C. Format


Whether a written promise without any legal consideration is sufficient to enforce an obligation.

Rule of Law

Moral obligation alone does not suffice as a consideration for an express promise unless there is a preexisting obligation or valuable consideration.

Reasoning and Analysis

The court considered the principle that moral obligation can serve as a sufficient consideration for an express promise.

However, the defendant’s promise to pay for the expenses incurred by the plaintiff in caring for his adult son did not possess any legal consideration. The son, Levi Wyman, was of full age and had long ceased to be a member of his father’s family.

Furthermore, the defendant had no involvement in Levi’s care, nor did he request assistance from the plaintiff. Given these circumstances, there was no existing obligation on the part of the father to pay for these expenses.

While it is true that a parent has a moral obligation to support their child, even in adulthood, such moral obligations do not automatically translate into legally enforceable promises without a preexisting obligation or valuable consideration.

Therefore, since the promise made by the defendant lacked a legally sufficient consideration, it cannot be enforced by the court.


The court concluded that the nonsuit directed by the Court of Common Pleas was correct. The promise made by defendant Wyman lacked legal consideration and, therefore, could not be enforced.

Key Takeaways

  1. A moral obligation alone is not sufficient to support an express promise without a preexisting legal obligation or value received.
  2. Express promises must have a sound legal basis, either through a preexisting valid consideration or removing an impediment created by law.

Relevant FAQs of this case

How does the court distinguish between moral and legal obligations in contract cases?

Courts differentiate by examining if there’s a preexisting legal duty or valid consideration. A moral obligation alone doesn’t suffice for a binding contract.

  • For example: If someone voluntarily promises to donate money to a charity, it’s a moral duty and not legally enforceable. But if there’s an existing contract or consideration for the promise, it becomes legally binding.

What's the role of a preexisting legal obligation in enforcing promises?

A preexisting legal obligation provides the necessary consideration, making a promise enforceable without requiring new consideration. It ensures the promise is legally binding.

  • For example: If a person agrees to fulfill an existing contract, it’s a promise supported by a preexisting legal obligation and doesn’t need additional consideration to be enforceable.

When can a moral duty become a valid consideration in a contract?

A moral duty becomes a valid consideration when accompanied by a new promise or benefit, creating a legal obligation. In such cases, the promise is enforceable.

  • For example: If someone, out of moral duty, promises to pay their friend’s debt in exchange for a new promise or benefit, the moral duty becomes a valid consideration for a contract.
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