On August 3, 1925, plaintiff/appellant Webb saved J. Greeley McGowin from death or grievous bodily harm; in the process, the appellant sustained severe injuries and permanent disability. McGowin agreed to take care of the appellant for the remainder of appellant's life, by paying him $15 every two weeks. McGowin kept his promise until he died on January 1, 1934; the payments continued for several more weeks, after which they were discontinued.

Plaintiff/appellant filed suit against the executors of McGowin’s estate (defendant/appellee) for the unpaid amounts that had accrued after January 27, 1934.

The defendant filed a demurrer, claiming there was no consideration.

HISTORY: The demurrers to the complaint were sustained by the lower court;