Foy v. Lambert

In my opinion this contract is not one which can be said to be lacking in mutuality for the reason that while it was still executory there was a consideration for the Lamberts’ promise to take and pay for the rock to be delivered at Ranger, and that was Foy’s promise to pay for the damages to the crops. However, it is immaterial whether this is true or not, for the reason that if the contract is considered as a continuing offer on the Lamberts’ part, Foy accepted the offer and performed every act that would have been required of him if he had obligated to perform them at the outset so as to…