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Similar Hamer v Sidway, Wood v Lucy - Lady Duff‑Gordon, Lucy v Zehmer, Hawkins v McGee, Leonard v Pepsico - Inc | ||
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.
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 a dilapidated house 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.