Boyce v. McMahan

HIGGINS, Justice.

Generally when parties not under disability contract at arms’ length on a lawful subject, the courts will give redress to the injured party for a wrongful breach. On certain subjects and under certain conditions,’ contracts are required to be in writing. Others are valid if in parol. However, in either event the contracting parties must have agreed on all material terms of the contract.

To constitute a valid contract, the parties “must assent to the same thing in the same sense, and their minds must meet as to all the terms. If any portion of the proposed terms is not settled,…