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Contracts Keyed to Kuney
Webb v. McGowin
Citation:
27 Ala. App. 82, 168 So. 196 (1935).ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Webb was employed by the W. T. Smith Lumber Company. On August 3, 1925, Webb was clearing the upper floor of mill No. 2. The upper floor was cleared by dropping blocks of wood to the ground below. Webb was in the process of dropping a 75 lbs. pine block when he noticed McGowin standing directly where the block was to land. In an attempt to rescue McGowin and divert the block, Webb fell with the block. McGowin was uninjured, but Webb received serious injuries that left him unable to work. On September 1, 1925, McGowin agreed to care for and maintain Webb for the remainder of Webb’s life at a rate of $15 every two weeks. McGowin paid the installments to Webb until his death on January 1, 1934. The payments ceased on January 27, 1934 giving rise to this suit.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel