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ContractsConsideration

Kirksey v. Kirksey

Alabama Supreme Court · Decided January 1845 · Core case

Full citation

Kirksey v. Kirksey, 8 Ala. 131 (1845).

VerifiedQuotes, pinpoints and citation checked word for word against the opinion; facts checked against the opinion before publication. October 23, 2026.This brief explains the opinion as issued. Later treatment and current-law status are not assessed here.

Kirksey

promisordefendant

Kirksey

promiseeplaintiff

The parties: Kirksey v. Kirksey.

Brief

Facts

The defendant promised to furnish the plaintiff with a house and land to cultivate until she could raise her family. The plaintiff broke up and moved to the defendant's, a distance of sixty miles, and sustained loss and inconvenience in doing so. She brought an action against the defendant for breach of the promise. The Supreme Court of Alabama's opinion records a disagreement on the bench. Justice Ormond wrote that the inclination of his mind was that the plaintiff's loss and inconvenience in breaking up and moving was a sufficient consideration — what he was inclined to regard as support for this particular promise — to support the promise. His brothers on the court thought the promise was a mere gratuity, and that an action would not lie for its breach.

Issue

Was the plaintiff's loss and inconvenience in breaking up and moving sixty miles to the defendant's a sufficient consideration to support the defendant's promise, or was the promise a mere gratuity for whose breach no action would lie?

Holding

The defendant's promise to furnish the plaintiff with a house and land to cultivate until she could raise her family was a mere gratuity, so no action lay for its breach. The plaintiff's loss and inconvenience in breaking up and moving sixty miles to the defendant's did not make the promise enforceable.

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