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Webb v. McGowin

Supreme Court of Alabama

168 So. 199 (1936)

Relevant factsFree

Webb (plaintiff) was permanently disabled saving McGowin's life at a lumber mill; McGowin promised, and paid, Webb $15 every two weeks until McGowin's own death eight years later, after which his estate's executors (defendants) stopped the payments. Webb sued to enforce the promise; the trial court sustained the executors' demurrers, but the Court of Appeals of Alabama reversed, holding the material benefit conferred was sufficient consideration, and the executors petitioned the Alabama Supreme Court for certiorari.

IssueFree

Whether a moral obligation arising from a material and substantial benefit received by the promisor is sufficient consideration to support a subsequent promise to pay.

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