Kirksey v. Kirksey
Kirksey v. Kirksey, 8 Ala. 131, was a case decided by the Supreme Court of Alabama that held that a promise by a man, Issac Kirksey, to give his sister-in-law a house if she would move to his land was not a valid contract because it lacked bargained-for-consideration.
The trial was initiated in Talladega, Alabama.
Background
The plaintiff Antillico Kirksey was a widow living in a lease-to-own home. After learning of his brother and nephew's deaths, the defendant wrote the following letter to his sister-in-law Antillico:Antillico relied on a promise from her brother-in-law and subsequently gave up her leased home. This home would become her opportunity cost when she moved into her brother-in-law's home.
Decision
After receiving the letter from her brother-in-law, the plaintiff moved to the defendant's farm, but the defendant kicked her out after two years, forcing her to live in a dilapidated house in the woods.Thus, the plaintiff sued to enforce the promise, but the court did not find a valid contract. It held that a promise on the condition, "f you will come down and see me" is not a bargained for exchange for the promisee's "com down to see" the promisor. The promise is not sufficiently supported by bargained-for consideration and is not enforceable.
Justice John James Ormond issued a dissenting opinion in this case.