Kirksey v. Kirksey: Difference between revisions
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court= | |court=Supreme Court of Alabama | ||
| | |date=1845 | ||
|subject=Contracts | |subject=Contracts | ||
|case_treatment=No | |case_treatment=No | ||
|facts=The plaintiff is the wife of the defendant's dead brother. The plaintiff lived on public land and would have attempted to secure that land. The defendant lived 60 or 70 miles away from plaintiff's land. The defendant wrote a letter to the plaintiff stating that she should obtain preference on the land and move to where defendant lives. Defendant stated that he would let plaintiff have land on which she could raise her family. One or two months after receipt of the letter, plaintiff abandoned her land and moved to defendant's land, where they were moved into comfortable houses with land to cultivate. Two years later, defendant moved plaintiff and her family to uncomfortable houses in the woods, and after that required her to leave the land altogether. | |facts=The plaintiff is the wife of the defendant's dead brother. The plaintiff lived on public land and would have attempted to secure that land. The defendant lived 60 or 70 miles away from plaintiff's land. The defendant wrote a letter to the plaintiff stating that she should obtain preference on the land and move to where defendant lives. Defendant stated that he would let plaintiff have land on which she could raise her family. One or two months after receipt of the letter, plaintiff abandoned her land and moved to defendant's land, where they were moved into comfortable houses with land to cultivate. Two years later, defendant moved plaintiff and her family to uncomfortable houses in the woods, and after that required her to leave the land altogether. | ||
|procedural_history=Trial court found for the defendant. | |procedural_history=Trial court found for the defendant. | ||
|issues=Was the promise made by Defendant an enforceable contract? | |issues=Was the promise made by Defendant an enforceable contract? | ||
|holding=Yes, it was. | |holding=Yes, it was. | ||
|judgment=Affirmed | |judgment=Affirmed | ||
|reasons=The contract did not have anything of value bargained for, but the plaintiff incurred a detriment, which could count as a condition. | |reasons=The contract did not have anything of value bargained for, but the plaintiff incurred a detriment, which could count as a condition. | ||
| | |case_text_links={{Infobox Case Brief/Case Text Link | ||
| | |link=https://www.quimbee.com/cases/kirksey-v-kirksey | ||
| | |case_text_source=Quimbee video summary | ||
| | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://www.youtube.com/watch?v=Ra39CBnqCgQ | |||
|case_text_source=YaleCourses | |||
}} | |||
}} | }} | ||
Revision as of 21:04, June 25, 2023
| Kirksey v. Kirksey | |
| Court | Supreme Court of Alabama |
|---|---|
| Citation | |
| Date decided | 1845 |
Facts
The plaintiff is the wife of the defendant's dead brother. The plaintiff lived on public land and would have attempted to secure that land. The defendant lived 60 or 70 miles away from plaintiff's land. The defendant wrote a letter to the plaintiff stating that she should obtain preference on the land and move to where defendant lives. Defendant stated that he would let plaintiff have land on which she could raise her family. One or two months after receipt of the letter, plaintiff abandoned her land and moved to defendant's land, where they were moved into comfortable houses with land to cultivate. Two years later, defendant moved plaintiff and her family to uncomfortable houses in the woods, and after that required her to leave the land altogether.
Procedural History
Trial court found for the defendant.
Issues
Was the promise made by Defendant an enforceable contract?
Holding
Yes, it was.
Judgment
Affirmed
Reasons
The contract did not have anything of value bargained for, but the plaintiff incurred a detriment, which could count as a condition.
