Wall v. TRINITY SAND AND GRAVEL COMPANY

The offer by Wall was a classic example of a unilateral, as opposed to a bilateral, form of contract. Wall’s offer was to be accepted by action, and not a promise of action. His offer was that if Trinity would pay him $5,000, he would not compete for one year. He did not ask for a promise of payment, and a mere promise to pay could not constitute an acceptance of that offer.

In like manner, Wall gave Trinity the option [an offer] that if each year for 10 years Trinity would do the act required, i. e., pay $5,000, he would refrain from competing for such period of time. Again, the unilateral…