Friday, March 23, 2012

Kirksey v. Kirksey case brief

 Kirksey v. Kirksey; (Sup. Ct. of AL, 1845); CB 239; Notes 27
Jerk brother-in-law with widowed sister-in-law.
  • Facts: D offers P a place to live with him if she gives up her interest in land. After two years, he booted her and her kids out.
  • Holding: her forfeiture was insufficient consideration and agreement is not a binding K.
  • Rule: a purely gratuitous promise will not be enforced.
  • Commentary: Court said it was a conditional promise, which does not entail a bargain or exchange even if the recipient must do something in order to receive the promise.

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