Kirksey v. Kirksey
Facts:
- P was the widowed wife of D's brother.
- D advised P to sell her land and offered P a place to raise her family.
- P abandoned her land and moved into the D's nice house for 2 years.
- After 2 years, D made P leave his house and put her in an uncomfortable house in the woods, which he required her to leave some time later.
Procedural History:
- Lower court found for P.
- Reversed on appeal, found for D.
Issues:
- Is a gratuitous promise enforceable if the promisee reasonably relies on the promise and incurs a detriment to do so?
Holding/Rule:
- A gratuitous promise is not enforceable even if the promisee reasonably relies on the promise and incurs a detriment to do so.
Reasoning:
- The promise was gratuitous and not enforceable.
Dissent:
- The loss and inconvenience that the P sustained in moving to live with the D was sufficient consideration to support the promise.
Notes:
