Mills v. Wyman
20 Mass. 207 · Massachusetts Supreme Judicial Court · 1825
Facts
A plaintiff provided care, shelter, and comfort to the defendant's adult son, who fell sick and died among strangers. The services were not requested by the defendant, nor was the son under his care. Upon learning of his son's death, the defendant, influenced by gratitude, made a written promise to pay the plaintiff for the incurred expenses, but later refused to honor it.
Issue
Can a father's written promise to pay for expenses incurred by a third party in caring for his adult son, made out of gratitude and moral obligation but without prior request or pre-existing legal obligation, be enforced as a contract?
Holding
No. The court held that the father's promise was not legally enforceable because it lacked legal consideration, as the services were not rendered at his request and there was no pre-existing legal obligation that had become inoperative by positive law.
Rule
A moral obligation is not sufficient consideration to support an express promise unless there was a pre-existing legal obligation that became inoperative by positive law (e.g., debts barred by statute of limitations, infant's debts, or bankrupt's debts). For a promise to be valid, there must be an antecedent valuable consideration or a quid pro quo.
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