Kirksey v. Kirksey
Kirksey v. Kirksey, Ala. Sup. 8 Ala. 131 (1845), was a case decided by the Supreme Court of Alabama that held that a promise by a man to give his sister-in-law a house if she would move to his land was not a valid contract because it lacked bargained-for-consideration.[1]
Decision
After learning of the death of his brother (the plaintiff's husband), the defendant sent the plaintiff a letter inquiring about her situation. He said that he would like for her to move to his farm (some 60 miles away) if she had not yet acquired a pre-emption right on her open land. The defendant promised to give the plaintiff a place to stay if she moved. She moved to the defendant's farm, but the defendant kicked her out after two years, forcing her to live in the woods. The plaintiff sued to enforce the promise, but the court did not find a valid contract. It held that a promise on the condition, "If you will come down and see me" is not a bargained for exchange for the promisee's "coming down to see" the promisor. The promise is not sufficiently supported by bargained-for consideration and is not enforceable.[2]