De Los Santos v. Great Western Sugar Company
Nebraska Supreme Court
348 N.W.2d 842 (1984)
Relevant factsFree
De Los Santos (plaintiff) agreed to transport "such tonnage of beets as may be loaded" by Great Western (defendant) between specified dates, knowing Great Western hired multiple truckers; Great Western told De Los Santos midway through the period that his services were no longer needed, and he sued claiming entitlement to continue hauling until all of Great Western's beets were transported, but the trial court granted Great Western summary judgment.
IssueFree
Whether an agreement that provides that performance depends upon the wishes of only one party is unenforceable for lack of mutuality.
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