Boothe v. Fitzpatrick

The defendant's bull escaped onto the plaintiff's land. The plaintiff kept and cared for the bull until he could identify and notify the owner. On learning it was his, the defendant promised to retrieve the bull and pay the plaintiff for keeping it, but took nearly a year to do so. The plaintiff sued for a reasonable fee for the care. The defendant argued that any care before his promise was merely a moral obligation resting on past consideration and thus unenforceable. The trial court ruled for the plaintiff, and the defendant appealed.

Whether a promise based on past consideration is enforceable where the promisor received a valuable pecuniary benefit at the promisee's expense.