Webb v. McGowin
Citation: 27 Ala. App. 82 (1935)
Facts
Webb, a pine company employee, was about to drop a 75-pound pine block from the upper floor of a mill. He saw McGowin below and, unable to divert the block without endangering others, fell with it, injuring himself severely to save McGowin’s life. McGowin, in gratitude, promised to pay Webb $15 every two weeks for the rest of Webb’s life. After McGowin died, his estate stopped paying. Webb sued on the promise.
Issue
Is a promise made in gratitude for past life-saving services enforceable as a contract?
Holding
Yes. The Alabama Court of Appeals held the promise enforceable. Where a promisee has previously rendered services that materially benefited the promisor and the promisor subsequently promises compensation, the moral obligation to compensate is sufficient consideration.
Rule
Material benefit rule (moral obligation): A promise made to compensate another for past services that conferred a material benefit on the promisor is enforceable even though the services were rendered before the promise. The moral obligation arising from a material benefit received supports enforcement of the subsequent promise.
Significance
- Classic case for the “material benefit rule” exception to the past consideration doctrine
- Traditional rule: past consideration is no consideration — a promise to pay for past services already rendered is unenforceable
- Webb v. McGowin carves out an exception: where the past benefit was substantial and the promisor makes a firm promise, courts may enforce it
- Adopted in Restatement (Second) of Contracts § 86: “A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice”
- Contrasted with Mills v. Wyman (promise to pay for care of sick adult son — not enforceable; mere sentimental/moral obligation insufficient)