Webb v. McGowin (1935)
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|Webb v. McGowin (1935)|
|Court||Alabama Court of Appeals|
|Citation||27 Ala.App. 82, 168 So. 196|
|Date decided||November 12, 1935|
|Related||Webb v. McGowin (1936)|
|Webb v. McGowin (1936)|
- Mr. Webb = "Webb" = plaintiff
- Mr. McGowin = "McGowin" = defendant
- Webb & McGowin worked at a lumber mill in Alabama in the 1920s.
- Webb's duties included cleaning out the loft's 2nd floor.
- 1 days, Webb hurt himself & fell from the 2nd floor as he was trying to ensure that no harm was coming to McGowin.
- Webb became disabled for the rest of his life. In return for his heroics, McGowin promised to pay Webb $15 every other week.
- McGowin faithfully paid for Webb's kindness until McGowin himself passed away 8 years later.
Webb sued McGowin's executors for lack of payments.Webb lost because the Butler County circuit court ruled that no valid contract existed.
When a person receives a gratuitous benefit & later promises to pay the benefactor back, is that promise enforceable?
Yes. A material, substantial benefit conferred in the past can constitute consideration for a voluntarily assumed promise of compensation later.
- Mills v. Wyman, a case with harsh & opposite results for the benefactor