Brown v. . Williams

The questions involved:

1. Was the evidence offered by the plaintiff of an express contract to make testamentary provision for the plaintiff sufficient to be submitted to the jury? We think not.

In Overall Co. v. Holmes, 186 N. C., at p. 431-2, it is said: “A contract is ‘an agreement, upon sufficient consideration, to do or not to do a particular thing.’ 2 Blackstone Com., p. 442. There is no contract unless the parties assent to the same thing in the same sense. A contract is the agreement of two minds — the coming together of two minds oii a thing done or to be done. ‘A contract, express or…