Mills v. Wyman

20 Mass. 207 · Massachusetts Supreme Judicial Court · 1825

Facts

The plaintiff provided care and comfort to the defendant's adult son, who was 25 years old and living independently, after the son fell sick and died. The services were not requested by the defendant. Subsequently, the defendant, influenced by gratitude, made a written promise to reimburse the plaintiff for the expenses incurred, but later refused to pay.

Issue

Is a father's written promise to pay for past services rendered to his adult son, which were not requested by the father and for which no prior legal obligation existed, enforceable when based solely on a moral obligation?

Holding

No, the court held that the promise was not enforceable due to a lack of legal consideration, affirming the non-suit against the plaintiff.

Rule

A mere promise, even if written and based on a moral obligation, is not enforceable without legal consideration. A moral obligation only constitutes sufficient consideration if it stems from a pre-existing legal or equitable obligation that has become inoperative by positive law, such as debts barred by statute of limitations or incurred by infants.

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Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.