Story Case

Mrs. Hazel Brown, a dramatic teacher, agreed to teach her husband the art of making speeches, provided he promised to pay three dollars for each lesson. She had given him a total of one hundred lessons, and he had paid her fifty dollars when domestic troubles arose between them and the work was stopped. Subsequently Mrs. Brown secured a divorce from her husband. After the divorce, Mrs. Brown demanded the balance due for the teaching work, and Brown refused to pay. In an action brought for the purpose of collecting the money, Brown defended on the ground that a contract never existed, since a man and wife could not make contract together. Is this defense good?

Ruling Court Case. Anna Bassett Vs. Isaac Bassett, Volume 112 Massachusetts Reports, Page 99

Anna Bassett was married to the defendant, Isaac Bassett, May 3,1866. At the time of the marriage, she owned, and had in her possession, money which was the earnings of her personal labor before marriage. After marriage, at the request of her husband, she let him have at different times sums of money amounting in all to $620 on his oral promise to return it. After frequent requests for the money, the husband executed to her a promissory note for the repayment of the sum in question. At or about that time he left her and refused to live with her. He also refused to pay or recognize the note.

She thereupon brought this action upon the note against her husband.

Decision: The plaintiff cannot recover upon this note because it is void; it never had any binding effect upon the husband from the beginning. During marriage neither party to the marriage can enter into a binding contract with the other.

Mr. Justice Gray said: "The defendant is not liable upon this note, because no contract between husband and wife for the payment of money has any validity at law."

Judgment was given for the defendant.

Ruling Law. Story Case Answer

If all contracts made previous to marriage become void upon marriage of the parties to it, a fortiori husband and wife can make no contracts after marriage. It is a well settled rule that husband and wife can not enter into a contract with each other during marriage. Some courts give as their reason the fiction that man and wife are one in contemplation of law, and it would be both impossible and absurd for a person to contract himself. The real reason seems to be that the policy of the law is to refuse to recognize such contracts, for fear that they might be the result of coercion brought to bear upon the wife by the husband. In the Story Case, the answer of Brown is a good defense and Mrs. Brown cannot collect the balance due for her teaching work.