December 7, 2019

Kirksey v. Kirksey

Kirksey v. Kirksey
8 Ala. 131 (1845)
Supreme Court of Alabama


FACTS: A woman was offered a house on some land owned by her deceased husband's brother. The brother made the offer in a letter. After she moved and had llived there for two years he moved her to another house in the woods and then required her to leave shortly after that.


HISTORY: Verdict fot the plaintiff for $200.


ISSUE: Was the promise a mere gratuity?


HOLDING: Yes


RATIONALE: There can be no action on something which is not a contract. It was a gift and nothing was bargained for.


DISPOSITION: Reversed