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Browning v. Johnson: Difference between revisions
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Browning lost in the trial court. | 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? | |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. | |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. | |judgment=Affirmed. | ||
|rule=Courts will generally not question the adequacy of [[Contracts/Consideration|consideration]]. | |rule=Courts will generally not question the adequacy of [[Contracts/Consideration|consideration]]. | ||
Revision as of 19:15, 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.
