Spinney v. Downing

Citations

• 108 Cal. 666
• 41 P. 797
• 1895 Cal. LEXIS 901

Syllabus

<p>Contracts—Assent—Agreement for Writing — Reciprocal Stipulations—Signature by One Party.—When it is a part of the understanding between the parties to a contract that the terms of the contract are to be reduced to writing, and signed by both parties, the assent to its terms must be evidenced by the signature of both parties, or it does not become a binding obligation upon either, especially where the proposed contract contains reciprocal stipulations and covenants upon the part of each party as a consideration for the acts of the other.</p> <p>In.—Part Performance—Estoppel.—The fact that the party not signing the contract proceeds with full knowledge of its terms partially to perform it does not estop him to deny the binding obligation of the contract.</p> <p>Id.—Acceptance of Offer—Completion of Contract—Voluntary Compliance.—To render a proposed contract binding there must be an accession to its terms by both parties, and a mere voluntary compliance with its conditions by one party who had not previously assented to it does not render the other liable for it.</p> <p>Id.—Mutuality of Estoppels.—Estoppels must be mutual; and the party failing to sign the contract cannot be estopped by a voluntary compliance with a part of its conditions, where the party signing the same cannot be held bound under the proposed contract, but can repudiate it at any time.</p>