cstr

Kirksey v. Kirksey
Supreme Court of Alabama, 1845
8 Ala. 131

1. FACTS

Kirksey in the latter is the Plaintiff, and Kirksey in the former is the Defendant. The Plaintiff is the wife the Defendant’s brother. The Plaintiff resided on public land and lived comfortably. Someday the Defendant wrote a letter to the Plaintiff to invite the Plaintiff to move to his place. And the Defendant also told that he would raise the Plaintiff’s family. After receiving the letter, the Plaintiff abandoned her possession and moved to the Defendant’s place. The Defendant gave the Plaintiff a land to cultivate for two years, but at the end of the two years the Defendant asked the Plaintiff to live.

2. ISSUE: Is the promise of gratuity enforceable?

3. HOLDING: No.

4. RATIONALE

The promise of the Defendant was a gratuity, so he was not liable.