Browning v. Johnson

422 P.2d 314 (1967)

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Nature of the Case

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Facts

P and D entered into a contract for P to sell his practice and equipment to D. P changed his mind about selling and sought to be released from the obligations. Upon P's promise to pay D $40,000 if D would give up the contract of sale, the parties entered into a contract (the contract here in issue) canceling the contract of sale. P then tired of his bargain and brought this action for declaratory judgment and restitution. The trial court concluded that the canceled sale contract had lacked mutuality and had been too indefinite in its terms for enforcement. It then determined that the contract canceling the sale contract was supported by 'adequate consideration.' P appealed. P insists that his promise to pay D was unsupported by consideration and that the promise was a child of mutual mistake.