04/29/2026

Samuel Clifford

Occasion: The history of this contract takes us back to February 5, 1821 when the plaintiff Daniel Mills of Hartford, Connecticut met Levi Wyman, a 25 year old who had just returned from a voyage at sea and became severely ill. Mills took care of Levi Wyman for 15 days in an attempt to nurse Wyman back to health. However, he did not succeed and Levi succumbed to his conditions. The father of Levi Wyman is named Seth Wyman and he is the defendant in this case. The father was supposedly very moved by the actions of Daniel Mills and wrote him a letter promising to pay for the expenses Mill incurred while taking care of Levi. After later refusing to pay the expenses, Mills filed a lawsuit against Seth Wyman to compel him to fulfill his promise.

Legal Issue: Can a promise be enforced if the services have already been provided prior to the promise?

Holding & Reasoning: The court held that Mills’ promise to pay Wyman was not enforceable because the services Wyman provided had already been completed before the promise was made, meaning there was no valid consideration to support a contract. The court reasoned that a promise made after a benefit has already been received is merely a gratuitous promise, not a bargained‑for exchange. Since Wyman did not perform the services in reliance on Mills’ promise, and Mills did not request the services beforehand, the promise was based on past consideration, which the law does not recognize as sufficient to create a binding contract. Therefore, Mills’ later promise to pay could not be enforced. 

Sources: 

“Mills v. Wyman.” Casebriefs,

www.casebriefs.com/blog/law/contracts/contracts-keyed-to-knapp/enforcing-promises-bases-of-legal-obligation/mills-v-wyman/ Accessed 29 Apr. 2026.

“Mills v. Wyman.” BriefsPro, briefspro.com/casebrief/mills-v-wyman/. Accessed 29 Apr. 2026.