Kirksey v. Kirksey
Supreme Court of
8
Facts: The defendant promised the plaintiff a place to
live. The plaintiff abandoned her
current home and moved in with the defendant.
After two years, the defendant booted her out. The trial court awarded the plaintiff $200.
Issue: Was the defendant’s promise legally enforceable?
Rule: A purely gratuitous promise shall not be enforced.
Analysis: The majority finds that this promise was just a gift
promise. The opinion itself disagrees,
however, and presages a change in the law that would develop fully in the
twentieth century: reliance on a promise could constitute either consideration
or an independent ground for enforcement.
Conclusion: The judgment of the trial court was reversed and the plaintiff
got nothing.