Rosenthal-Porzellan v. Steelmasters, Inc.

This is a motion by defendants for summary judgment dismissing the complaint. The complaint seeks a declaratory judgment that the agreement between the parties dated February 7, 1952 is void for lack of mutuality. There are three kinds of mutuality: Mutuality of assent; *223mutuality of obligation; and mutuality of remedy. The lack of mutuality claimed by plaintiff is mutuality of obligation. Plaintiff urges that it was bound to sell but that the joint venture, composed of defendants and itself, was under no obligation to buy. .

It is well settled that mutuality of obligation is unnecessary to…