Legal Opinion

Abbott v. Stephany Poultry Co.

Superior Court of Delaware

Decided November 15, 1948No. 11PublishedCited by 5 opinions

1Opinion of the CourtLayton, J.

The letter of November 8, 1944 was not a valid contract of itself. It was unilateral in form and lacked consideration because Plaintiff could have delivered “broilers” or not, as he saw fit. Williston, Vol. 1, § 58. As long as _ the offer remained open, Defendant was bound to accept and pay for such deliveries of “broilers” as Plaintiff chose to make. Conversely, Defendant was free at any time to notify Plaintiff that its outstanding offer was cancelled. Holloway v. Mountain Grove Creamery Co., 286 Mo. 489, 228 S.W. 451. But whether, in a unilateral agreement of this sort, a promisor may…

2Cases cited11 opinions

  1. Elliott v. KazajianMassachusetts Supreme Judicial Court · 1926
  2. Stensgaard v. SmithSupreme Court of Minnesota · 1890
  3. Petterson v. PattbergNew York Court of Appeals · 1928
  4. Braniff v. BaierSupreme Court of Kansas · 1917
  5. Roberts v. HarringtonWisconsin Supreme Court · 1918

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

3Cited by5 opinions

  1. Danby v. Osteopathic Hospital Ass'n of DelawareCourt of Chancery of Delaware · 1953
  2. Danby v. Osteopathic Hospital Ass'nCourt of Chancery of Delaware · 1953
  3. Marvel v. DannemannDistrict Court, D. Delaware · 1980
  4. Harry H. Rosin Co. v. EksterowiczSuperior Court of Delaware · 1950
  5. Carnegie v. Household International, Inc.District Court, N.D. Illinois · 2004

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