May 17, 2014

Mills v. Wyman | Case Brief Law Student - 3 Pick. 207 (1824) - Massachusetts

FACTS: Daniel Mills took care of Levi Wyman for about two weeks after he fell sick returning from a sea voyage.  Seth Wyman (his father) said he would pay Daniel but then refused.

ISSUE: Was there a contract?

HOLDING:  No

RATIONALE: A verbal promise without consideration cannot be enforced by action.  If there was not anything paid or promised for, the law leaves its execution to the conscience of him who made it. (67)