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Alabama Supreme Court - 8 Ala. 131
tl;dr:
A guy invited his recently-widowed sister-in-law to move onto his land. She left all of her possessions behind and moved, but he moved her to an uncomfortable house in the woods 2 years later, and then evicted her. She sued for breach.Case Summary
In Kirksey v. Kirksey (1845), the Alabama Supreme Court rejected a woman's claim where she said her brother-in-law promised her a house if she moved onto his land. She sued him for breaking their agreement when he kicked her off the land. He argued there was no contract because nothing was exchanged in return for his promise. The trial court sided with the woman, but the brother-in-law appealed.
The court overturned the ruling, stating that there was no contract between the two because nothing valuable was traded. For a promise to be legally binding, either the person making the promise must gain a benefit, or the person receiving it must face a disadvantage. The woman moving to her brother-in-law's land wasn't enough as he didn't expressly ask or profit from it.
The court decided his promise was a simple kindness and couldn't be enforced legally. This case is significant for setting a precedent against promises without an exchange of something valuable (consideration), which is crucial for a valid contract. It also demonstrates how courts distinguish between legal contracts and kind gestures.
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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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