George Wiedemann Brewing Co. v. Maxwell

Citations

• 78 Ohio St. (N.S.) 54

Syllabus

<p>Written agreements known as options — Not void for lack of mutuality, when — Acceptance may be verbal — And proven by parol — Rule of specific performance — Party seeking enforcement must show readiness to perform.</p> <p>I. Written agreements known as options are not necessarily void for lack of mutuality, and where accepted within the time specified may become valid and enforceable contracts. Nor are they rendered invalid by the fact that the acceptance by the promisee is verbal and not in writing. Such assent may be shown by parol.</p> <p>3. The general rule is that a party seeking specific performance of a contract must show performance on his part, yet there are clearly defined exceptions and one of them is that when the other party repudiates and makes it certain that he does not intend under any circumstances to comply, a showing of readiness and ability on the part of the complaining party to then and there perform his part communicated to the other party and accompanied with a demand of compliance by such other party, is sufficient compliance without an actual formal tender.</p>