Webb v. McGowin
Court of Appeals of
27 Ala.App. 82, 168 So. 196.
Facts: The plaintiff saved the life of the late McGowin, and
in doing so was severely and permanently injured. In gratitude, McGowin promised to pay the plaintiff
money for the rest of his (Webb’s) life.
When McGowin died, the payments stopped coming. Webb sued the executors of McGowin’s estate
for all the missed payments. The defendants
demurred and the trial court sustained the demurrer, declaring a nonsuit. The plaintiff appealed.
Issue: Did the act of saving McGowin’s life constitute consideration
for McGowin’s subsequent promise to pay Webb for life?
Rule: “[A] moral obligation is sufficient consideration to
support a subsequent promise to pay where the promisor has received a material
benefit”.
Analysis: The court finds that McGowin’s moral obligation was
sufficient consideration and his contract to pay Webb was binding.
Conclusion: The court found that the trial court erred in
sustaining the defendants’ demurrer, and the case was reversed and remanded.