Kirksey v. Kirksey

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Brief Fact Summary.

P sued D on a breach of contract action for damages sustained by P in reliance on D’s promise to provide P with a home for herself and her family if she went to see D.

Synopsis of Rule of Law.

An injured party cannot recover damages sustained from a breach of a gratuitous promise, even if the injured party reasonable relied upon the promise and has suffered loss and inconvenience.

Facts.

Sister Anitillico (P), a widow with several children, was comfortably settled when she received a letter from Kirksey (D). P was the wife of D’s brother. In the letter D stated, “If you will come down and see me, I will let you have a place to raise your family