The case of "Webb v. McGowin et al." involves an employee of W.T. Smith Lumber Company who prevented harm to the defendant by holding onto a 75-pound block he was dropping from an upper floor of the mill. The plaintiff fell to the ground with the block, causing serious injuries that left him unable to work. The defendant agreed to care for and maintain the plaintiff for the remainder of his life in exchange for the plaintiff preventing harm to the defendant and sustaining serious injuries. The defendant made payments to the plaintiff as agreed until his death, after which the payments were discontinued. The plaintiff brought a lawsuit to recover the unpaid installments. The defendant's grounds for demurrer include that the contract was without consideration, there was no agreement to pay for the services rendered, and the contract is void under the statute of frauds.
Webb v. McGowin (1935)
Alabama Court of Appeals
27 Ala. App. 82, 168 So. 196
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