KIRKSEY v. KIRKSEY

Document Sample
KIRKSEY v. KIRKSEY Powered By Docstoc
					                                                                                       Dennis Temko

                                      KIRKSEY v. KIRKSEY



CASE REMINDER:
The plaintiff is the wife of defendants dead brother. This is an action by the plaintiff against the
defendant for breach of contract. Uncle promised to give sister in law a place to live. She moved
to his farm and then he kicked her out after 2 years. There never was consideration because the
uncle never stood to gain anything by the sister in law moving to the farm.

The defendant never made part of his offer that the plaintiff had to move. That was merely
incidental and not a condition of the offer.


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


Statement of the case
This is a civil action. The plaintiff is the wife of defendants dead brother. This is an action by the
plaintiff against the defendant for breach of contract.

Defendant = sister in law
Plaintiff = Uncle


Statement of fact
The uncle told the sister in law that if she sold her house and moved to his house which was 60
to 70 miles away he would provide her with a place to stay so that she could raise her family.

The uncle gave the sister in law a place to stay for two years and then after that told her to leave.


Issue
Was there an exchange of consideration in this case or was the promise to provide housing
merely a gift?


Holding
No there was no exchange of consideration. A gift does not constitute due consideration
Analysis
The defendant never made part of his offer that the plaintiff had to move. That was merely
incidental and not a condition of the offer.

A gift is not valid consideration.

An aid in determining which construction of the promise will be a gift or if it is consideration is
if the promise is a benefit to the promisor. If so, it is a fair inference that the happening was
requested as a consideration. So if it does not benefit the promisor at all it is probably a gift.

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:55
posted:2/12/2010
language:English
pages:2