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Kirsksey v. Kirksey


Briefs from 1L Contracts Class

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									Promissory Estoppel – p. 74 -7/10/2009 Kirksey v Kirksey Alabama Supreme Court 8 Ala. 131 Facts: Evidentiary Facts Plaintiff’s husband passed away. Her brother-in-law offered her a comfortable place to stay and to tend crops, following the death. Within a month or two, plaintiff abandoned her property and took up the offer. Two years went by, with the brother making good on his word, then put her in a not-as-comfortable house. He then made her leave. Procedural Facts The trial court granted verdict for the plaintiff for $200. Issue: Is a family member bound to their word when called upon a favor? Holding: No. Reasoning: My inclination is that the loss and inconvenience of moving is a sufficient consideration to support the promise, however the rest of the court believes the promise on the part of the defendant, was a mere gratuity, and that an action will not lie for its breach. Judgment: Reversed.

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