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Webb v. McGowin (1936): Difference between revisions
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court=Supreme Court | |court=Supreme Court Alabama | ||
|citation=232 Ala. 374*168 So. 199 (1936) | |citation=232 Ala. 374*168 So. 199 (1936) | ||
|date=1936 | |date=1936 | ||
|subject=Contracts | |subject=Contracts | ||
|facts=The plaintiff saved the defendant from an injury which caused himself an injury, and the defendant promised that he would take care of him for the rest of the plaintiff’s life with a certain amount of money. The defendant died, and the executor of his will refused to continue making the payments. | |facts=The plaintiff saved the defendant from an injury which caused himself an injury, and the defendant promised that he would take care of him for the rest of the plaintiff’s life with a certain amount of money. The defendant died, and the executor of his will refused to continue making the payments. | ||
|issues=Whether moral consideration along with a past benefit to the defendant may be sufficient to enforce a contract. | |issues=Whether moral consideration along with a past benefit to the defendant may be sufficient to enforce a contract. | ||
|judgment=Judgment for the plaintiff. | |judgment=Judgment for the plaintiff. | ||
|rule=When there is a moral obligation of the promisor, along with a material and substantial benefit to him, then the consideration may be sufficient. | |rule=When there is a moral obligation of the promisor, along with a material and substantial benefit to him, then the consideration may be sufficient. | ||
| | |case_text_links={{Infobox Case Brief/Case Text Link | ||
| | |link=https://www.quimbee.com/cases/webb-v-mcgowin# | ||
| | |source_type=Summary | ||
|case_text_source=Quimbee | |||
}} | |||
}} | }} | ||
Revision as of 16:21, October 27, 2023
| Webb v. McGowin (1936) | |
| Court | Supreme Court Alabama |
|---|---|
| Citation | 232 Ala. 374 168 So. 199 (1936) |
| Date decided | 1936 |
Facts
The plaintiff saved the defendant from an injury which caused himself an injury, and the defendant promised that he would take care of him for the rest of the plaintiff’s life with a certain amount of money. The defendant died, and the executor of his will refused to continue making the payments.
Issues
Whether moral consideration along with a past benefit to the defendant may be sufficient to enforce a contract.
Judgment
Judgment for the plaintiff.
Rule
When there is a moral obligation of the promisor, along with a material and substantial benefit to him, then the consideration may be sufficient.
