Kirksey v. Kirksey
Supreme Court of
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 defendantís 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.