Promises Made to Acknowledge a Moral Obligation

In Webb v. McGowin, 168 So. 196 (Ala.Ct. App. 1935), Joe Webb worked in a lumber mill. One day, he was about to drop a pine block weighing about 75 pounds from the upper floor of the mill to the lower floor.

Just as he was letting go of the block, he saw McGown directly below him. The only way to prevent the block from striking McGowin and possibly killing him was for Webb to retain his hold on the block and divert its course as he fell with it. Webb did so and was badly disabled as a result.

McGowin and Webb McGowin promised to pay Webb $15 every two weeks for the rest of Webb's life. When he made this promise, McGowin said the consideration for it was his (Webb's) having saved his life. McGowin paid the money until he died. His heirs refused to pay on the theory that the promise lacked consideration.

The court rejected the heirs' claim and held that there was consideration for the promise because it was made in acknowledgment of a moral obligation arising from an act by Webb from which McGowin benefited.

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