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.