Law School Resources

Mills v. Wyman, Mass 1825

Facts:

The plaintiff was Mills and Wyman was the defendant. Mills took in Wyman’s son, who was 25 years old and cared for him when he was sick. The young man was no longer living at home at the time. He later died. Wyman subsequently promised to repay Mills’ expenses, but later refused to honor his promise. Mills sued to recover the expenses. The court granted nonsuit to Wyman. Mills appeals.

Issue:

Is a moral obligation sufficient for consideration?

Holding:

Judgment affirmed. No, a moral obligation is generally not sufficient for consideration.

Rational:

The agreement was unenforceable for lack of consideration

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