Whitten v. Greeley-Shaw
520 A.2d 1307 (Me. 1987)

  • Two people were having an affair. The mistress had the guy sign an ‘agreement’ in which he agreed to give her a monthly stipend and some other prizes.
    • The agreement required nothing from the mistress save not calling the guy at home.
    • Later he loaned her money for a house.
  • When the mistress stopped paying off the loan, the guy foreclosed on the house. The mistress sued.
    • The mistress argued that this was part of the ‘agreement’.
    • The guy argued that their agreement was not a contract because he got no consideration for the deal.
  • The Court found for the guy.
    • The Court found that since the agreement did not require the mistress to do anything, there was no consideration and therefore it was legally unenforceable as a contract.
    • Technically, everybody knew what the guy was getting in consideration (wink wink nudge nudge). However, under the common-law contracts involving sexual services are never enforceable, so the mistress couldn’t make an argument about the ‘consideration’ she was providing.