Railsback v. Raines

Citations

• 110 Kan. 220
• 203 P. 687
• 1922 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — “Unilateral Contract” is a Misnomer. The phrase “unilateral contract” held to be a misnomer.</p> <p>2. Same. A contract being an agreement between two or more parties, it must of necessity be binding on both, hence, if binding on one party only, it cannot be a contract.</p> <p>3. Same. — Contract for Sale of Cattle — Mutually Binding. The plaintiff and defendant signed the following paper:</p> <p>“Langdon, Kansas, January 30, 1920.</p> <p>“Contract,, by and between G. G. Railsback, party of the first part and J. Raines, party of the second part.</p> <p>“Said G. G. Railsback, party of the first part agrees to sell 188 steers ... on terms to-wit: Two carload on or before February 16, 1920, the balance on or before February 28, 1920. Thirty of lightest cattle to be weighed at $9.00 per cwt. Remainder at $11.00 per cwt. These cattle to be weighed early in morning without feed, weighed at Langdon stock yards. Said J. Raines to have the privilege of selecting the two loads that he takes on or before February 16th, not including the light cattle unless including all the 30 head before mentioned.”</p> <p>Held, a mutually binding contract.</p>