Kirksey v. Kirksey

8 Ala. 131 (1845)

 

RULE:

The promise on the part of the defendant, was a mere gratuity, and that an action will not lie for its breach.

FACTS:

A brother-in-law, wrote to the widow of his brother, living sixty miles distant, that if she would come and see him, he would let her have a place to raise her family. Shortly after, she removed to the residence of her brother-in-law, who for two years furnished her with a comfortable residence, and then required her to give it up. A verdict of 200 dollars was found for the plaintiff by the Circuit Court of Talladega.

ISSUE:

Would an action lie for breach of the promise?

ANSWER:

No.

CONCLUSION:

The court held that the promise on the part of the defendant, was a mere gratuity, and that an action will not lie for its breach. The judgment of the Court below must therefore be reversed, pursuant to the agreement of the parties.

Click here to view the full text case and earn your Daily Research Points.