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Keywords

contractliability
contractplaintiffliabilitycorporationappellant

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Webb v. McGowin, 27 Ala.App. 82, 168 So. 196

Facts

On August 3, 1925, Joe Webb, while employed by the W.T. Smith Lumber Company, was clearing the upper floor of a mill when he saw J. Greeley McGowin standing below. To prevent the 75-pound block he was dropping from injuring McGowin, Webb held onto the block and fell with it, resulting in serious injuries to himself. Subsequently, McGowin agreed to pay Webb $15 every two weeks for the rest of his life in consideration of Webb's actions, which he honored until his death in 1934. After McGowin's death, the payments ceased, prompting Webb to sue for the unpaid installments.

On August 3, 1925, appellant while in the employ of the W.T. Smith Lumber Company, a corporation, and acting within the scope of his employment, was engaged in clearing the upper floor of mill No. 2 of the company. While so engaged he was in the act of dropping a pine block from the upper floor of the mill to the ground below; this being the usual and ordinary way of clearing the floor, and it being the duty of the plaintiff in the course of his employment to so drop it.

Issue

Did the agreement between Joe Webb and J. Greeley McGowin constitute a valid and enforceable contract despite the circumstances under which it was made?

Did the agreement between Joe Webb and J. Greeley McGowin constitute a valid and enforceable contract despite the circumstances under which it was made?

Rule

A moral obligation can serve as sufficient consideration to support a subsequent promise to pay when the promisor has received a material benefit, even if there was no original duty or liability.

A moral obligation is a sufficient consideration to support a subsequent promise to pay where the promisor has received a material benefit, although there was no original duty or liability resting on the promisor.

Analysis

The court found that Webb's actions in saving McGowin from serious injury constituted a material benefit to McGowin, which created a moral obligation to compensate Webb. The agreement made by McGowin to pay Webb for his care was deemed valid and enforceable, as it was based on the significant benefit McGowin received from Webb's actions. The court distinguished this case from others where no material benefit was received, affirming that the promise to pay was supported by the moral obligation arising from the benefit conferred.

The court found that Webb's actions in saving McGowin from serious injury constituted a material benefit to McGowin, which created a moral obligation to compensate Webb.

Conclusion

The court reversed the lower court's ruling and remanded the case, concluding that the agreement between Webb and McGowin was valid and enforceable.

The court reversed the lower court's ruling and remanded the case, concluding that the agreement between Webb and McGowin was valid and enforceable.

Who won?

Joe Webb prevailed in the case because the court determined that the agreement he had with McGowin was valid and enforceable, based on the material benefit McGowin received from Webb's actions.

Joe Webb prevailed in the case because the court determined that the agreement he had with McGowin was valid and enforceable, based on the material benefit McGowin received from Webb's actions.

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