Webb v. McGowin

Webb v. McGowin - Contracts 10/15 Promissory Restitution...

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Contracts 10/15 Promissory Restitution Webb v. McGowin, Alabama Court of Appeals, 1936 Facts : Webb was dropping a pine block from the second floor of a Mill when he saw McGowin. If he released the block, it would hit and possibly kill McGowin. Instead of letting it fall, he fell with it and directed it away from McGowin. As a result, Webb suffered serious injuries that prevented him from working ever again. McGowin promised to make payments to Webb for the rest of Webb’s life. McGowin died on January 1, 1934 and payments to Webb ceased on January 27, 1934. Plaintiff then brought suit to recover the unpaid installments accruing up to the time of the suit. Procedure : trial court issued a demurrer because complaint (1) states no cause of action; (2) its averments show that the contract was without consideration; (3) it fails to allege that McGowin had, at or before the services were rendered, agreed to pay appellant for them; (4) the contract declared on is void under the statute of frauds. Issue
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.

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Webb v. McGowin - Contracts 10/15 Promissory Restitution...

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