Webb v. McGowin (1936): Difference between revisions
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(Created page with "{{Infobox Case Brief |court=Supreme Court of Alabama |citation=232 Ala. 374*168 So. 199 (1936) |date=1936 |subject=Contracts |appealed_from= |case_treatment=No |overturned= |p...") |
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court=Supreme Court | |court=Alabama Supreme Court | ||
|citation=232 Ala. 374*168 So. 199 (1936) | |citation=232 Ala. 374*168 So. 199 (1936) | ||
|date=1936 | |date=February 18, 1936 | ||
|subject=Contracts | |subject=Contracts | ||
|followed=Webb v. McGowin (1935) | |||
|followed= | |||
|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. | ||
|holding=McGowin's petition for review is denied. | |||
|holding= | |||
|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 | |||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://casetext.com/case/webb-v-mcgowin-1 | |||
|case_text_source=CaseText | |||
}} | |||
}} | }} | ||
Latest revision as of 16:46, October 27, 2023
| Webb v. McGowin (1936) | |
| Court | Alabama Supreme Court |
|---|---|
| Citation | 232 Ala. 374 168 So. 199 (1936) |
| Date decided | February 18, 1936 |
| Followed | Webb v. McGowin (1935) |
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.
Holding
McGowin's petition for review is denied.
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.
