Kirksey v. Kirksey Case Brief

Summary of Kirksey v. Kirksey
Supreme Court of Alabama, 1845

Facts: Plaintiff was defendant’s brother’s wife. After plaintiff’s husband died, the defendant wrote her a letter that if she would like to abandon her current place of residence and live with him, he will provide her with a place to live until her children grow up. The plaintiff abandoned her place of residence and moved in with the defendant. After 2 years, the defendant asked her to move out.

Issue: Was the promise of the defendant to the plaintiff enforceable?

Holding: No

Rationale: The promise on the part of the defendant was mere gratuity and was not an enforceable promise.

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