Illges v. Congdon

No party to the action questions the terms of the contract as found by the court. We have some difficulty finding there was a mutual assent by the parties to such an *93agreement so as to make a binding contract, and no doubt the court had some difficulty on this same subject. However, no question being raised and the parties agreeing this is the contract that Congdon terminated, we will examine the findings which defendant objects to, which are as follows:

“18. That plaintiff and defendant have done everything within their power to carry out the contract in good faith.

“19. That the defendant had…