Plumb v. Campbell

Citations

• 129 Ill. 101
• 18 N.E. 790

Syllabus

<p>1. Contbacts-—unilateral contract—question of mutuality•—of elements essential to its binding effect. A promise for a promise is not a good consideration unless there is mutuality, so that each party may hold the other to the performance of his engagement. But it does not follow that a contract in writing, to be complete, must show such mutuality on its face.</p> <p>2. In the case of a unilateral contract, the party making the promise is bound to nothing unless the promisee, within a reasonable time, engages to do, or else does or begins to do, the thing which is the consideration of the first promise. Until such engagement, or such doing, the promisor may withdraw his promise, because there is no mutuality, and therefore no consideration for it.</p> <p>3. But after an engagement on the part of the promisee which is sufficient to bind him, then the promisor is bound also, because there is then a promise for a promise, with entire mutuality of obligation. So if the promisee begins to do the;, thing in a way which binds him to complete it, there is also a mutuality of obligation. And if, without any promise whatever, the promisee does the thing required, then the promisor is bound, on the ground that the thing done is itself a sufficient and complete consideration, and the original promise to do something if the other party will do something, is a continuing promise until the other party does the thing required of him.</p> <p>4. A promise lacking mutuality at its inception becomes binding on the promisor after performance by the promisee, and other proof of assent on his part is not necessary. It is. sufficient if the required act is performed by him.</p> <p>5. Where one party gives another a written promise or offer to sell his bonds at a given price, or make them realize the promisee such price upon the latter doing certain other things, proof of an express acceptance of the offer is not necessary to bind the promisor. Performance or part performance by the promi