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Alabama Supreme Court - 8 Ala. 131
Tags: Consideration
tl;dr:
A widow can be forced off the land she has occupied if the promise of hosting her there was not supported by sufficient consideration.Case Summary
In the 1845 case of Kirksey v. Kirksey, the Alabama Supreme Court ruled on a breach of promise dispute regarding land and housing.
Antillico was a widow with several children. Her brother-in-law, who lived 60 miles away, wrote to her on October 10, 1840, telling her that he had learned of the death of his brother, Antillico’s late husband. He said that he would provide her and her children a house and land to cultivate if she would sell her house, quit the country, and come down and see him. She moved within a month or two and lived in a comfortable house provided by her brother-in-law for two years. After that period, he put her in a less comfortable house in the woods, and eventually he forced her to leave.
Antillico brought suit for breach of contract and was awarded $200 in damages. Her brother-in-law appealed
The Alabama Supreme Court overturned the lower court's decision, stating that no valid contract existed as Isaac's promise was a mere act of generosity not backed by legal consideration. They reasoned that since Angelico didn't give up anything valuable by moving to Isaac's land, she experienced no detriment. Furthermore, the court highlighted the absence of specific terms concerning the length or details of Isaac's gift.
This case is significant because it demonstrates the legal concept of consideration and its necessity for establishing and enforcing a contract. Additionally, it illustrates how courts address issues such as gratuitous promises, detriment, benefit, and certainty of terms in contract-related disputes.
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The court is split on whether the defendant's promise to give the plaintiff a house and land in exchange for her relocation is a valid consideration for a contract. The majority believes that the plaintiff's loss and inconvenience of moving is enough consideration, while the minority sees the promise as a mere gift. The lower court's decision is overturned based on the parties' agreement.
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