Browning v. Johnson
Supreme Court of Washington
422 P.2d 314 (Wash. 1967)
Browning (plaintiff) agreed to sell his osteopathy practice to Johnson (defendant), but before the sale closed, Browning changed his mind and instead offered Johnson $40,000 to release him from the sale contract; Johnson accepted. Months later, Browning also wanted out of this second $40,000 agreement and sued for a declaratory judgment. The trial court found the original sale contract unenforceable for lacking mutuality and being too indefinite, but found the second $40,000 agreement supported by adequate consideration and enforceable; Browning appealed, arguing the second agreement lacked consideration and rested on the parties' mutual mistake.
Whether, in a unilateral contract, sufficient consideration to support a promise exists when the promisee incurs a detriment or the promisor receives a benefit at the promisor's request.