Davis v. JOSEPH J. MAGNOLIA, INC.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “A contract lacks consideration when one party’s promise is illusory, and a promise is illusory when performance 6 of that promise is optional.”
• “A contract lacks consideration when one party’s promise is illusory, and a promise is illusory when performance of that promise is optional.” (quoting Restatement (Second) § 77 (1981))
• “A contract lacks consideration when one party’s promise is illusory, and a promise is illusory when performance of that promise is optional.” (quoting Restatement (Second) of Contracts § 77 (1981))
• arbitration provision not retroactive where contract was not product of negotiation between equally sophisticated parties and where plaintiff had already begun litigating earlier claim before signing contract containing arbitration provision
• “[A] promise is illusory when performance of that promise is optional.”

Source: CourtListener parenthetical corpus (CC0).