MILLS V. WYMAN, 3 Pick. 207 (Mass.1825)

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MILLS V. WYMAN, 3 Pick. 207 (Mass.1825) Powered By Docstoc
MILLS V. WYMAN, 3 Pick. 207 (Mass.1825) History: Mills sued Seth Wyman after Wyman didn’t pay son’s expenses; From direction of nonsuit, Mills appealed Facts: Levi Wyman got sick after coming home from overseas and Daniel Mills cared for him for about 2 weeks until he died; after all his expenses had been incurred, Levi’s father, Seth Wyman, wrote Mills and promised to pay those expenses; Seth Wyman decided not to pay Issue(s): Did Seth Syman’s letter to Mills promising to pay expenses constitute a contract? No Holding: Judgment ordered on nonsuit; Mills loses Analysis: Promise was made w/out any consideration; Mills’ kindness was not at Wyman’s request, it was out of the good of his heart; Seth Wyman may have had a moral obligation or duty, but nothing more; it is only when the promisor gains something, or the promise loses something, that the promise is valid Performance that induced the promise already took place at the time of the promise; no reciprocal