Story Case

Abel Davis risked his life, and suffered severe injuries, in rescuing James Tilloson's daughter from his burning home during Tilloson's absence from the city. When Tilloson returned, he visited Davis at the hospital and there promised to give him two thousand dollars for his brave deed. Later, when Davis recovered, Tilloson refused to pay the money, although he could well afford to carry out his promise. Davis brought suit on contract to recover two thousand dollars. Can he recover ?

Ruling Court Case. Allen Vs. Bryson, Volume 67 Iowa Reports, Page 591; Volume 56 American Reports, Page 358

Allen and Bryson were brothers-in-law; they were both engaged in the practice of law, not as partners, but each independently. It seems, that occasionally they would assist each other in special work or special cases. Allen, on one occasion, did considerable work for Bryson in a certain case. At the time the work was done, neither discussed or contemplated that compensation should be made for the services thus rendered. But afterwards, Bryson promised to pay for the services. Later he changed his mind, and refused to pay for them. Thereupon, Allen instituted this action to recover therefor.

Bryson insisted that he was not liable upon his promise to pay for the services in question, because his promise was made without any consideration from Allen. But it was contended by Allen that he was at least under a moral obligation to pay for his services which had been rendered, and a subsequent promise to pay for them created a binding obligation.

Decision

A moral obligation standing alone cannot be made the consideration for a subsequent promise to perform that obligation. In this case, assuming that Bryson was under a moral obligation to compensate Allen for his services, it does not render a subsequent promise to pay for the services legally binding.

Therefore, judgment was given for Bryson in this action.

Ruling Law. Story Case Answer

It was stated that past services will not constitute a sufficient consideration to support a subsequent promise to pay for such services. This is true, though the person benefited is under a moral obligation to reciprocate for them. Davis, in the Story Case, cannot recover.