References: [1852] EngR 1029, (1852) 8 Exch 208, (1852) 155 ER 1322
Links: Commonlii
Coram: Baron Parke
The father and mother of an illegitimate child entered into an agreement for the maintenance of the child. He was to contribute on the basis that she would otherwise care for the child. The mother later married, and she and the father now sought payment for necessaries for the child.
Held: If the agreement purported to oblige the father to make payments if the mother agreed to support the child, then there was no consideration for the agreement, but if it was her agreement to take sole support of without affiliating the child, there would be good consideration.
This case is cited by:
- Cited – Ward -v- Byham CA (Bailii, [1956] EWCA Civ 1, [1956] 2 All ER 318, [1956] 1 WLR 496)
The parties were the parents of an illegitimate daughter. The child lived with the father at first, but the mother requested the child to be returned to her. The father agreed subject to a letter saying: ‘Mildred, I am prepared to let you have Carol . .