Horton v. Humble Oil & Refining Company

The pivotal question presented on this appeal is this: Is there sufficient evidence, when viewed in the light most favorable to plaintiff, to establish the existence of a contract between plaintiff and the defendant Oil Company? The answer is No.

In Williamson v. Miller, 231 N.C. 722, 58 S.E. 2d 743, this Court said: “ ‘To be binding, the terms of a contract must be definite and certain or capable of being made so.’ Elks v. Ins. Co., 159 N.C. 619, 75 S.E. 808; Sides v. Tidwell, 216 N.C. 480, 5 S.E. 2d 316.”

In Elks v. Ins. Co., supra, this Court said: “It is elementary that it is necessary that…