185 Iowa 1254 | Iowa | 1919
Plaintiff alleges in i'ts petition that, on February 13, 1917, a written contract was entered into by it with defendant for the purchase of 2,100 bushels of No. 3 yellow corn at the agreed price of 91 cents per bushel, to be delivered at its elevator at Adaza, Iowa, before March 13, 1917; that the contract provided that, “if corn is not delivered within the time specified, contract will be considered open until Neola Elevator Company notifies seller in writing that same is canceled. Seller agrees not to refuse to deliver on this contract in case it is impossible (on account of car shortage, embargo or breakdown in elevator) for Neola Elevator Company to receive grain when tendered.” It is further alleged that, on account of shortage of oars or embargo on same, it was unable to receive the corn before March 13, 1917; that, by oral agreement with defendant, the time for delivery was several times extended; that plain
Defendant relies for reversal upon the following matters: (a) That the court committed error in refusing to direct a verdict in defendant’s favor upon the ground that the alleged contract is, in effect, a unilateral contract, and void for want of mutuality; (b) that same, as shown by the evidence, was modified and superseded by an oral contract, not enforcible under the statute of frauds; and (c) that the verdict of the jury was contrary to the court’s instruction No. 4.
By the contract in question, plaintiff acknowledged the purchase from defendant of 2,100 hu'shels of a certain grade of corn, and agreed to pay him 91 cents per bushel therefor, uj)on delivery thereof to its elevator at Adaza, Iowa, before Mordí 13, 1917. The contract was signed by both parties. By it, defendant was bound to deliver the specified quantity of corn at the place and within the time designated, and plaintiff was bound, upon receipt thereof, to pay the stipulated price therefor.
But it is contended by counsel for appellant that the purchase clause of the contract is deprived of mutuality of obligation by the following provision thereof:
Objection to. the admissibility of the contract was interposed by defendant when it was offered in evidence, upon the ground here urged, and his motion for a directed verdict was in part based thereon. The court submitted the ease to the jury upon the theory that,, if defendant offered to deliver the corn to plaintiff before March 13, 1917, or within a reasonable time thereafter, and plaintiff refused, without justification or excuse, upon the grounds specified in the
Contracts are not deprived of mutuality simply because one party thereto is granted privileges not given to the other. Their obligations need not be equal. The contract in question contained mutual promises and imposed mutual obligations, and is not, therefore, without consideration, or void for want of mutuality.