From Clarkson, Business Law (12th ed.)

Legal Value of Consideration

Kirksey v. Kirksey(Links to an external site) is a case decided by the Alabama Supreme Court (8 Ala. 131) in 1845. Read through the brief opinion, and answer the questions.

1. Because the lower court's opinion in Kirksey is not available, you have to fill in some blanks. What do you assume happened in this case before it reached the Alabama Supreme Court? Who brought the suit and why?
2. Why did the majority rule that the promise by the brother-in-law was not enforceable?
3. Judge Ormond, in the dissent, concluded that the sister-in-law's actions constituted sufficient "consideration" in this case. Why did he reach this conclusion?

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LINK: https://h2o.law.harvard.edu/cases/2227