Greve v. Ganger
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. Action to recover damages for the breach by the defendant of an alleged executory contract.
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APPEAL from the Circuit Court for Manitowoc County. Action to recover damages for the breach by the defendant of an alleged executory contract. The averments of the complaint are, substantially, that the plaintiffs having made, or being about to make, proposals to the city of Manitowoc for the construction of certain cisterns therein, it was mutually agreed between the parties that if such proposal should be accepted by the city, and the contract for constructing the cisterns awarded to the plaintiffs, the defendant should make the necessary excavations therefor at a stipulated price per…
1Opinion of the CourtLyon, J.
It is an elementary principle that the assent of both parties is essential to a valid contract. The minds of the contracting parties must meet, and they must concur as to the terms thereof, or it is no contract. As the principle is sometimes expressed, “ there must be a request by one party, and an assent by the other;” and Parsons says: “ It becomes a contract only when the proposition is met by an acceptance which corresponds with it entirely and adequately.” 1 Parsons on Con., 476.
Again, a promise, to be binding upon the promissor, must be made upon a sufficient consideration. The…
2Cited by3 opinions
- McCormick Harvesting Machine Co. v. RichardsonSupreme Court of Iowa · 1893
- Robert E. Lee Silver Mining Co. v. Omaha & Grant Smelt. & Ref. Co.Supreme Court of Colorado · 1891
- Anderson Bros. & Johnson Co. v. Sioux Monument Co.Supreme Court of Iowa · 1930