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Webb v. McGowin

Court of Appeals of Alabama

168 So. 196 (1935)

Relevant factsFree

While clearing a lumber mill floor by dropping blocks in the usual manner, Webb (plaintiff) saw McGowin below and, to prevent a falling block from seriously injuring or killing him, fell with the block himself, suffering permanent disabling injuries. McGowin promised to pay Webb $15 every two weeks for life in recognition, and did so until his death eight years later, when his estate's executors (defendants) stopped payment; Webb sued for the unpaid installments, and after the trial court entered a nonsuit on the executors' demurrer, Webb appealed.

IssueFree

Whether a promisee's conferral of a material benefit, or undertaking of a detriment, on a promisor is sufficient consideration to enforce the promisor's subsequent promise to pay based on that benefit.

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