Kirksey v. Kirksey

Kirksey v. Kirksey - gratuitous promise on the defendants...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Contracts 10/1 Protection of Promisee Reliance Kirksey v. Kirksey, Alabama Supreme Court, 1845 Facts : Plaintiff is defendant’s sister-in-law. Her husband died, and the defendant who lived 60-70 miles away wrote a letter offering to give her a place to stay. She moved and had a comfortable place for 2 years. After 2 years she was moved to an uncomfortable place and after that she was forced to leave. Procedure : trial court found for plaintiff ($200). Issue : whether there was consideration for plaintiff moving or whether there was a
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: gratuitous promise on the defendants behalf? Holding : reversed. The defendant made a gratuitous promise. Rule : Roy Notes : Classical contract law there is offer and acceptance. However, there is no consideration. What is test for consideration? A bargained-for exchange; a quid pro quo; in this case, the brother-in-law doesnt receive anything for his promise....
View Full Document

Ask a homework question - tutors are online