Problems in the Law of Contracts; a Collection of Concrete Problems, Arranged for Study, Review, And Class-Room Discussion, in Connection With Case Books, Textbooks, Or Lectures, With Reference Notes

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180.
Problem 33. Defendant agreed to pay $12 per ton for all the scrap iron on plaintiff's premises, which plaintiff might desire to dispose of. Plaintiff was to have the privilege of indicating what he desired to sell or to reserve. This proposition was accepted by plaintiff. Defendant now contends that it was a mere option or offer which never became binding, and that the plaintiff put himself under no obliga- tion in the matter, and so there was no consideration for the promise of the defend
...ant and his promise was nudum pactum. Plaintiff contends that it is suffi- cient that he obligated himself to sell to the de- fendant at $12 per ton whatever iron then on his premises he afterwards should sell at all. Is this contention sound?
Burgess Fibre Co. v. Broomfield, 180 Mass. 283, 62 N. E.
367.
CONSIDERATION AS THE BASIS. Ill "Williston, Sales, p. 203, 798.
Wald's Pollock, p. 203, 798.
Coldblast Transp. Co. v. Kansas City (1902) 114 Fed. 77, 57 L.R.A. 646.
Eehm Zeiher Co. v. F. G. Walker Co.


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