Virginia Lumber Corp. v. Williamson Co.

ON MOTION ROE EEHEABING.

By a motion for rehearing it is insisted by counsel for the plaintiff that the contract sued on by the defendant in its counterclaim amounted merely to an unaccepted offer to buy, and was, therefore, lacking in mutuality; that in considering cases of this kind the distinction between mutuality of ássent and mutuality of obligation must be kept clearly in mind; and that our courts are committed to the proposition' that á bilateral contract must contain mutuality of *620obligation, and if one party is bound and the other is not, though both assent, there is no contract.

Our…