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Browning v. Johnson: Difference between revisions
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(Created page with "{{Infobox Case Brief |court=Washington Supreme Court |citation=422 P.2d 314 |date=1967 |subject=Contracts |case_text_links={{Infobox Case Brief/Case Text Link |link=https://ww...") |
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|court=Washington Supreme Court | |court=Washington Supreme Court | ||
|citation=422 P.2d 314 | |citation=422 P.2d 314 | ||
|date=1967 | |date=January 5, 1967 | ||
|subject=Contracts | |subject=Contracts | ||
|facts=Mr. Browning entered into a sales contract to sell his medical practice to Mr. Johnson. Suddenly, Browning change his mind & asked for contract rescission. Browning offered Johnson $40,000 to rescind the contract. | |||
Several months later, Browning wanted a rescission of the 2nd contract to avoid paying $40,000 to Johnson to rescind the 1st contract. | |||
|procedural_history=Browning sued Johnson to rescind the 2 contracts. | |||
Browning lost in the trial court. | |||
|issues=Is an agreement to give up the right to enforce an un-enforceable contract sufficient consideration to support a unilateral contract? | |||
|holding=Yes. Giving up the right to enforce an un-enforceable contract was sufficient consideration to support a [https://www.quimbee.com/keyterms/unilateral-contract unilateral contract]. | |||
|judgment=Affirmed. | |||
|rule=Courts will generally not question the adequacy of [[Contracts/Consideration|consideration]]. | |||
|comments=*[[Contracts_Ayres/9th_ed._Outline#B._Mixed_Motives]] | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/browning-v-johnson | |link=https://www.quimbee.com/cases/browning-v-johnson | ||
|source_type=Video summary | |source_type=Video summary | ||
|case_text_source=Quimbee | |case_text_source=Quimbee | ||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://law.justia.com/cases/washington/supreme-court/1967/37976-1.html | |||
|case_text_source=Justia | |||
}} | }} | ||
}} | }} | ||
Latest revision as of 19:16, August 18, 2023
| Browning v. Johnson | |
| Court | Washington Supreme Court |
|---|---|
| Citation | 422 P.2d 314 |
| Date decided | January 5, 1967 |
Facts
Mr. Browning entered into a sales contract to sell his medical practice to Mr. Johnson. Suddenly, Browning change his mind & asked for contract rescission. Browning offered Johnson $40,000 to rescind the contract.
Several months later, Browning wanted a rescission of the 2nd contract to avoid paying $40,000 to Johnson to rescind the 1st contract.Procedural History
Browning sued Johnson to rescind the 2 contracts.
Browning lost in the trial court.Issues
Is an agreement to give up the right to enforce an un-enforceable contract sufficient consideration to support a unilateral contract?
Holding
Yes. Giving up the right to enforce an un-enforceable contract was sufficient consideration to support a unilateral contract.
Judgment
Affirmed.
Rule
Courts will generally not question the adequacy of consideration.
