Webb v. McGowin – Case Brief
Webb v. McGowin, 27 Ala.App. 82, 168 So. 196 (Ala.App. 1935).
Facts: Webb (P) and McGowin (D) worked at a mill. Webb was releasing a 75-pound block of wood to the floor of the mill below when he noticed McGowin standing where the block would have fallen. Webb fell with the block in order to save McGowin’s life and broke his arm and leg and ripped his heel off, leaving him permanently disabled and incapable of performing either physical or mental work. McGowin promised to pay Webb $15 every two weeks for the rest of Webb’s life. Webb received the payments until McGowin died eight years later. Webb sued the executors of McGowin’s estate when the payments stopped. At trial, D obtained a nonsuit against P and P appealed.
Issue: Can moral consideration create an enforceable promise if the promisor has received a material benefit constituting a valid consideration for his promise?
Holding and Rule: Yes. In this case, the fact that P saved McGowin from death or grievous bodily harm was a material benefit to McGowin. Upon receiving this benefit, McGowin became morally bound to compensate P and as such expressly agreed to compensate P. When the promisee cares for, improves and preserves the property of the promisor, even without a request to do so, it is sufficient consideration for the subsequent agreement to pay for the service because of the material benefit received directly by the party. Once P saved McGowin from death or grievous bodily harm and McGowin subsequently agreed to pay him for the service rendered it became an enforceable contract.
Disposition: Reversed.
Notes: Some jurisdictions do not allow moral consideration. The court’s ruling in this case is in the minority.