Boyce v. McMahan

MORRIS, Judge.

Plaintiff contends that the paper writing which is the subject of this action is merely an agreement to agree, and therefore unenforceable as a contract. We think there is merit to this position.

“An offer to enter into a contract in the future must, to be binding, specify all the essential and material terms and leave nothing to be agreed upon as a result of future negotiations. (Citations omitted.)” Young v. Sweet, 266 N.C. 623, 625, 146 S.E. 2d 669 (1966).

“ ‘Unless an agreement to make a future contract is definite and certain upon the subjects to be embraced therein it is…