An ex-wife tried to take advantage of the principle that had been reintroduced in the High Trees case to enforce her husband's promise to give her maintenance.

At first instance the Court agreed with Mrs Combe and enforced the promise under promissory estoppel.

Denning LJ reversed the lower court decision and ruled in favour of Mr Combe.

He must accept their legal relations subject to the qualification which he himself has so introduced, even though it is not supported in point of law by any consideration but only by his word.He stated the estoppel could only be used as a "shield" and not a "sword".

He further stated that the High Trees principle should not be stretched so far as to abolish the doctrine of consideration, "[t]he doctrine of consideration is too firmly fixed to be overthrown by a side-wind....it still remains a cardinal necessity of the formation of a contract".While it may be true that the wife did forbear from suing the husband on the arrears for seven years, this forbearance was not at the request of the husband.