KIRKSEY V. KIRKSEY 8 Ala. 131 (1845) CASE BRIEF

KIRKSEY V. KIRKSEY

8 Ala. 131 (1845)

NATURE OF THE CASE: This was an action for damages for a breach of contract. This was an appeal from an award of damages from that breach of contract.

FACTS: Kirksey (D) offered Sister Antillico (P) the following: 'If you will come down and see me, I will let you have a place to raise your family.' In 1840, P resided on public land, under a contract of lease, she had held over and was comfortably settled and would have attempted to secure the land she lived on. Within a month or two after the receipt of the letter, P moved sixty miles to D's residence where she lived for over two years. D then forced her to move to a remote location on the property and then D required her to leave before her family had been raised. P sued for a breach of contract: the costs P sustained in moving were sufficient consideration to support D's promise to furnish a place to raise her family. P won a judgment for $200 in damages and D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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