Webb v. McGowin Ala. 1935
Facts:
Web was the plaintiff. The executor of
McGowin’s estate was the defendant. Weeb was cleaning the
upper floor of a mill ans was about to drop a heavy weight to
the floor below. He noticed McGowin, and to avoid from hurting
him, Webb fell himself and sustained permanent injuries.
McGowin promised to pay Webb a monthly sum for life, which
payments were made for eight years. Mcgowin then died and the
payments stopped. Webb sued the executor of McGowin’s estate.
The defendant was granted a nonsuit. Webb appeals.
Issue:
Is a moral obligation sufficient to
support a promise?
Holding:
Judgment reversed. Yes, moral obligation
is sufficient to support a promise.
Rational:
When the promisor receives a material
benefit, (in this case the avoidance of injury,) and the
promisee suffers a material detriment, (in this case permanent
disability,) then moral obligation is sufficient to support a
promise.
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