Case: McMichael v Price

Parties: Plaintiff - (appellee) - Price (buyer)

Defendant - (appellant) - McMichael (seller)

Procedural History: plaintiff brings action against defendant. Jury verdict for
plaintiff for $7512.51. Trial court ordered a remittur for $2500, duly filed.
Thereafter trial court rendered judgment for $5012.51. Defendant appeals to the
supreme court.

Facts: Parties entered into contract where Price would purchase sand from
McMichael, as long as sand furnished is of quality comparable to other suppliers
in Oklahoma, or vicinity. Payment per ton is 60% of the current market price.
Seller is to deliver a statement to buyer monthly, paid net 30, and 4cent
discount per ton if paid net 10. Shall cover period of 10 years.

Issue: Was the contract a revocable offer, or was their mutuality of obligation
to make it a binding contract?

Argument: Defendant argues no mutuality because plaintiff could escape liability

from the contract due to the exact wording, "1st party (buyer) will be required to
purchase all the sand they can sell." So, they could get out of the contract, and
therefore there is no mutuality.

Holding: There was mutuality. Judgment affirmed for the plaintiff.

Reasoning: Court says buyer's breach of contract (in response to defendant's

argument), would have made them responsible for damages, so there was mutuality,
and an enforceable contract.