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· 1/27/1920

Mowbray Pearson Co. v. E. H. Stanton Co.

Citations

  • 109 Wash. 601
  • 187 P. 370
  • 1920 Wash. LEXIS 944

Syllabus

<p>Contraots (4, 25)—Mutuality—Consideration—Mutual Promises. An agreement promising to sell ice at a certain price for one year to a certain' dealer and to no other in consideration of such dealer’s soliciting and delivering ice in a certain district, is entirely unilateral and unenforceable for lack of mutuality or consideration; since the dealer made no promise to solicit, deliver or buy the ice, and assumed no obligation.</p> <p>Contracts (6)—Offer and Acceptance—Construction., In such a case, indorsing the word “accepted” upon the contract does not constitute a promise on the part of the dealer to solicit, deliver or buy the ice.</p> <p>Contracts (24)—Consideration—Mutual Promises—Independent Consideration. The carrying out of a unilateral contract to sell ice for one year to a certain dealer and no other, is not an independent consideration for an agreement extending the contract for the next year; since it could be withdrawn at any time.</p>

Judges: Fullerton

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