Kirksey v. Kirksey
Kirksey v. Kirksey | |
---|---|
Court | Supreme Court of Alabama |
Decided | January, 1845 |
Defendant | Isaac Kirksey |
Plaintiff(s) | Antillico Kirksey |
Court membership | |
Judge(s) sitting | Byrd |
Kirksey v. Kirksey, Ala. Sup. 8 Ala. 131 (1845), 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.[1]
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:
Dear sister Antillico--Much to my mortification, I heard, that brother Henry was dead, and one of his children. I know that your situation is one of grief, and difficulty. You had a bad chance before, but a great deal worse now. I should like to come and see you, but cannot with convenience at present. I donor [recte do not] know whether you have a preference on the place you live on, or not. If you had, I would advise you to obtain your preference, and sell the land and quit the country, as I understand it is very unhealthy, and I know society is very bad. If you will come down and see me, I will let you have a place to raise your family, and I have more open land than I can tend; and on the account of your situation, and that of your family, I feel like I want you and the children to do well.
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, "[i]f you will come down and see me" is not a bargained for exchange for the promisee's "com[ing] down to see" the promisor. The promise is not sufficiently supported by bargained-for consideration and is not enforceable.[2]
Justice John James Ormond issued a dissenting opinion in this case.
Legal analysis
See also
- Supreme Court of Wisconsin
- 700 F. 2d 916 - Vastoler v. American Can Company,[3] 1983, United States Court of Appeals, Third Circuit
References
- ^ Ayres, I., and Speidel, R.E. Studies in Contract Law, Seventh Edition. Foundation Press, New York, NY: 2008, p. 32
- ^ Ayres, p. 32
- ^ "700 F2d 916 Vastoler v. American Can Company". November 19, 1982. p. 916.