The plaintiff, who worked for W.T. Smith Lumber Company, saved defendant J. Greeley McGowin from bodily harm by sacrificing his own health. In consideration, McGowin agreed to pay $15 every two weeks and provide lifelong care to the plaintiff. The plaintiff sued after McGowin's death for unpaid installments. The court found that the agreement was valid and enforceable, as the plaintiff's actions had provided material benefit to McGowin, and there was sufficient consideration.
The judge agrees with the court's ruling in a case where the law was interpreted strictly, which could have prevented the plaintiff from receiving compensation. The judge refers to Chief Justice Marshall's belief that in cases where there is uncertainty, the law should not be divorced from fairness.
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