Legal Opinion

Perfection Mattress & Spring Co. v. Dupree

Supreme Court of Alabama

Decided April 21, 1927No. 6 Div. 868PublishedCited by 23 opinions

1Opinion of the CourtAnderson, C. J.

It is undoubtedly the law that a unilateral contract, that is, one which is binding on one party and not the other, will not authorize an action for the breach of same by the party not bound against the one that is. As we view the complaint in the instant ease, and the contract set out, it shows a mutuality as to consideration — -that is an employment by the defendant for the year for a compensation and an obligation on the part of the plaintiff to furnish his car and to repay the advances of his traveling expenses out of his commissions. And while there is no express obligation on the part…

2Cases cited10 opinions

  1. Grossman v. . SchenkerNew York Court of Appeals · 1912
  2. Jones v. LanierSupreme Court of Alabama · 1916
  3. Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
  4. Beck v. West & Co.Supreme Court of Alabama · 1888
  5. Lucas E. Moore Stave Co. v. KennedySupreme Court of Alabama · 1924

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Northcom, Ltd. v. JamesSupreme Court of Alabama · 1997
  2. Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
  3. Sherrill v. Alabama Appliance Co.Supreme Court of Alabama · 1940
  4. Berry v. Goodyear Tire & Rubber Co.Supreme Court of South Carolina · 1978
  5. McKinstry v. ThomasSupreme Court of Alabama · 1953

18 more not listed; retrieve them via the Exa API.

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