December 7, 2019

Kirksey v. Kirksey | Case Brief Law Student - 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 lived there for two years he moved her to another house in the woods and then required her to leave shortly after that.

HISTORY: Verdict for 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