Occasion: Antillico Kirksey (plaintiff) was the widow of the defendants (Isaac Kirksey) brother. After her husband's death she lived on leased public lands with her children. However, Issac Kirksey invited her to move to his property, which was 60-70 miles away. He provided her a house, but after two years of living there, he moved her to a less suitable house, and even later required her to leave.

 

Legal Issue: Is a promise to provide housing that is made out of sympathy and without a bargained‑for exchange, enforceable as a contract? Did Antillico’s reliance, as she moved her family and gave up her land, constitute sufficient consideration to make Isaac’s promise legally binding?

 

Holding: The Alabama Supreme Court ruled in favor of Isaac Kirksey. 

 

Reasoning: The court distinguished between gifts and contracts. The court found that a contract requires mutual obligation or bargained‑for exchange. Each party must take on some obligation. Whether it’s paying money, delivering goods, performing services, or refraining from something both parties must be obligated. Isaac’s promise was motivated by sympathy, not by any reciprocal obligation. Antillico did not provide consideration. The court found that moving 60 miles did not constitute consideration, but was instead an obvious condition for receiving the gift.

 

How Does This Not Contradict Ricketts v Scothorn & Promissory Estoppel?

 

Kirksey v Kirksey actually does contradict Ricketts v Scothorn. The law evolves and Kirksey v Kirksey was decided in 1845 while Ricketts v Scothorn was decided in 1898. Furthermore, Kirksey v Kirksey was decided by the Alabama Supreme Court, while Ricketts v Scothorn was decided by the Nebraska Supreme Court. 

 

The circumstances of the cases also differ. In Scothorn v Ricketts, the grandfather was deceased, and the estate was fighting against paying the promissory note. In Kirksey v Kirksey, the defendant, Isaac Kirksey, is alive. In other words, Kirksey v Kirksey is more about whether the promise given to Antillico by Isaac Kirksey is irrevocable and bounding. In Scothorn v Ricketts, the grandfather died intending to pay his granddaughter. 

 

Case File:

 

https://law.justia.com/cases/alabama/supreme-court/1845/8-ala-131-1845.html