Contracts

Brief

Mills v. Wyman

Procedural History:

• Mills sued Wyman in Court of Common Pleas
  • Nonsuit for D
• Mills appeals
  • Affirmed

Facts:

• Levi Wyman returns from a voyage at sea and falls ill.
• He was poor and in distress and thus cared for by Daniel Mills for about two weeks.
• Mills incurred numerous costs related to the illness and a few days after care was completed he received a letter from Seth Wyman, the father of Levi Wyman, promising to pay those expenses.
• Wyman decides not to pay and Mills sues.

Issue:

• Was the moral obligation sufficient consideration to make the promise enforceable?

Holding:

• No. Affirmed nonsuit.

Reasoning:

• Moral obligation is sufficient consideration on a case to case basis but under the given facts does not apply in this case. Moral Obligations are sufficient consideration under the following cases:
  • Debts barred by the statute of limitations.
  • Debts incurred by infants
  • Debts of bankrupts.
• Services provided to D’s son were not at his request. Son was 25 and not under families care.