DocketNumber: No. 2441
Citation Numbers: 3 Willson 431
Judges: White
Filed Date: 2/15/1888
Status: Precedential
Modified Date: 9/7/2021
Opinion by
§ 362. Petition held good on general demurrer; mutuality of contract; rules as to; case stated. Appellant sued appellee to recover damages for a breach of the following instrument: “Calvert, Tex., March 14, 1887. This is to certify that we, the undersigned, have contracted with Mr. Paul H. Leonard, of Calvert, Texas, for his Calvert butcher wet salted hides, for seven cents, bulls, stags, damaged, out, free from salt and brine, and two pounds tare off of each hide, from March 14, 1887, till November, 1887. C. J. Portier & Co., per Phil. Doerr.” Appellant’s petition alleged the execution and delivery to him of said instrument by appellee, and his acceptance thereof; that he proceeded to execute his part of said contract by purchasing a large number of hides of the kind and description mentioned therein, between the 17th day of June and the 2Sth day of October, 1887, which hides he tendered appellees and they refused to accept and pay for the same, whereby appellant sustained loss in the sum of §410.93. A general demurre1 to the petition was sustained, and, appellant declining b amend, the suit was dismissed. It appears the tria judge sustained the demurrer upon the view that the instrument sued upon does not constitute a valid contract, because it is not mutually binding upon the parties; but that it is merely a unilateral undertaking or offer, which ' appellees had the right at any time to rescind or decline to perform. Held: The general rule is that the assent of parties to constitute a valid contract must be mutual and intended to bind both parties. A mere proposal by
Eeversed and remanded.