P. J. Willis & Bro. v. Turnley & Bro.
Court of Appeals of Texas
Appeal from Galveston County.
1Opinion of the Court
Opinion by
Winkler, J.
§ 789. Contract; definition and requisites of. A contract, in legal contemplation, has been defined to be an agreement between two or more parties for the doing or *434not doing of some particular thing. [1 Pars, on Con. 6.] Or, as defined by Blackstone: “A contract is an agreement upon sufficient consideration to do, or not to do, a particular thing.” [2 Black. Com. 446.] The essentials of a legal contract are: first, the parties; secondly, the consideration; thirdly, the assent of .the parties, without which there is in law no contract; and fourthly, the subject matter of…
2Cases cited2 opinions
- Patton v. RuckerTexas Supreme Court · 1867
- Fort v. BarnettTexas Supreme Court · 1859