Story Case

H. L. Ailing was running for the office of sheriff of Boss County. He had been campaigning extensively in the southern end of the county when one of his friends came to him and said, "Ailing, you ought to have someone in the northern end of the county to make some speeches for you. I know that you are busy here. If yon desire, I will do some campaigning up there for yon".

Ailing replied, "That is splendid, Henry. I was intending to hire a man to work in that part of the county, but this relieves me. When can you begin?"

To this, Henry Marx answered, "I promise to be there within three days and will campaign the entire end of the county".

Ailing did not send anyone else to the northern end of the county because he thought that Marx was covering the territory. After he lost the election by five votes, he learned that Marx had been working for his opponent. He immediately brought suit for Marx's breach of contract to campaign for him.

Marx defended on the ground that his promise to work for Ailing was without consideration and was intended to be gratuitous; hence, he claimed it was not binding. Is this true?

Ruling Court Case. Thome Vs. Deas, Volume 4 Johnson (New York) Reports, Page 84

Thorne and Deas were co-owners of a certain vessel, which was being prepared to sail from a point in America to Europe. In a conversation as to the advisability of insuring the vessel on the trip, they decided in favor of the plan. Deas, thereupon, promised Thorne that he would immediately procure insurance on the vessel for the coming voyage. But he neglected to secure the policy. While out at sea the vessel met with a storm, and went down. Thorne then brought this action against Deas for damages. He claimed that he had suffered damages from the failure of Deas to do as he promised.

Deas insisted that he was not liable for failing in his promise, because there was no consideration; he contended that his offer to procure insurance on the vessel was purely gratuitous, and that failure to carry out a gratuitous undertaking does not render one liable as a breach of a contract.

Decision

The promise of Deas to procure insurance upon the vessel in question was a purely gratuitous offer on his part, it was unsupported by any consideration whatsoever moving from Thorne; such being the case, there was no contract between the parties; and the failure of Deas to procure the insurance did not render him liable for the damages which resulted from his neglect.

Therefore, judgment was given for Deas in this action.

Ruling Law. Story Case Answer

It is very apparent from what has been said heretofore, that a purely gratuitous undertaking or promise by a person does not legally obligate him to carry out the undertaking or perform the promise. In the Story Case, the conduct of Henry Marx was morally reprehensible, but his promise to assist his friend in his election campaign imposed no legal obligation upon him, and his failure to perform what he promised, conferred no right upon Ailing for damages against him.