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Mistake of foreign laws.

Mutuality of consent.

Communication of consent.

fd.

1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or,

2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.2

1 Many v. Beekman Iron Co., 9 Paige, 188; Hall v. Reed, 2 Barb. Ch., 501; see Pitcher v. Turin Plank Road Co., 10 Barb., 436; Wake v. Harrop, 6 H. & N., 768. In Cooke v. Nathan (16 Barb., 342), it was held that a misrepresentation of the law by one party, on which the other ignorantly relied, was a fraud. It seems to follow that a transaction such as is described in the text should be relieved against, as a mistake, if not as a fraud.

$ 764. Mistake of foreign laws is a mistake of fact.

Bank of Chilicothe v. Dodge, 8 Barb., 233; McCormick
v. Garnett, 5 De G., M. & G., 278; Haven v. Foster, 9
Pick., 113; Leslie v. Bailie, 2 You. & C. Ch., 91; see
Merchants' Bank v. Spalding, 12 Barb., 302..

$765. Consent is not mutual, unless the parties all agree upon the same thing in the same sense." But in certain cases defined by the chapter on INTERPRETATION, they are to be deemed so to agree without regard to the fact.

1 Scranton v. Booth, 29 Barb., 171; Salters v. Pruyn, 18 How. Pr., 512.

' Hazard v. New England Ins. Co., 1 Sumn., 218; Greene v. Bateman, 2 Woodb. & M., 359.

$766. Consent can be communicated with effect, only by some act or omission of the party contracting, by which he intends to communicate it, or which necessarily tends to such communication.

This is intended to exclude the possible case of a declaration of consent made to a person having no interest in the contract, and communicated by him to the other party, without authority.

S767. If a proposal prescribes any conditions concerning the communication of its acceptance, the

proposer is not bound unless they are conformed to;
but in other cases any reasonable and usual mode
may be adopted.

Dunlop v. Higgins, 1 H. of L. Cas., 381, 398; Vassar v.
Camp. 11 N. Y., 451.

$768. Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission to the proposer, in conformity to the last section.

This section is intended to recognize the rule that con-
sent is complete as soon as a letter of acceptance is
put into the post-office (Mactier v. Frith, 6 Wend., 103;
Vassar v. Camp, 11 N. Y., 441; Dunlop v. Higgins, 1
H. L. Cas., 381; Tayloe v. Merchants' Fire Ins. Co., 9
How. [U. S.], 390; Eliason v. Henshaw, 4 Wheat.,
228; Hamilton v. Lycoming Ins. Co., 5 Penn. St., 339;
Averill v. Hedge, 12 Conn., 436; Beckwith v. Cheever,
1 Fost. [N. H.], 41; Duncan v. Topham, 8 C. B., 225.
To the contrary is Gillespie v. Edmonston, 11 Humph.
[Tenn.], 553)..

When comdeemed

munication

complete.

$769. Performance of the conditions of a propo- Perform

sal, or the acceptance of the consideration offered with a proposal,' is an acceptance of the proposal.

'Harvey v. Johnston, 6 C. B., 304; see Kenyon v. People,

26 N. Y., 203.

2 Decker v. Judson, 16 N. Y., 446. So the conditions of
a grant are accepted by an acceptance of the grant
(Spalding v. Hallenbeck, 30 Barb., 292).

ance of con

ditions;

acceptance.

must be

S770. An acceptance must be absolute and un- Acceptance qualified,' or must include in itself an acceptance of absolute. that character, which the proposer can separate from the rest, and which will conclude the person accepting.2 A qualified acceptance is a new proposal.

'Hough v. Brown, 19 N. Y., 114, 115; Code La., 1799;

Borland v. Guffey, 1 Grant (Pa.), 394; Duke v.
Andrews, 2 Exch., 290; Jordon v. Norton, 4 M. &
W., 155; Wontner v. Sharp, 4 C. B., 404, 441;
Routledge v. Grant, 4 Bing., 653; Cheveley v. Ful-
ler, 13 C. B., 122.

Code La., 1801.

Revocation

of proposal.

Revocation,

how made.

Ratifica

tion of contract void

for want of consent.

Assumption of obligation by acceptance of benefits.

S771. A proposal may be revoked at any time before its acceptance is communicated to the proposer,1 but not afterwards."

'Stephens v. Buffalo & N. Y. R. R. Co., 20 Barb., 332;

Eskridge v. Glover, 5 Stew. & Port., 264; see Boston & Me. R. R. v. Bartlett, 3 Cush., 224. 'Routledge v. Grant, 4 Bing., 653; Head v. Diggon, 3 Man. & R., 97; Cooke v. Oxley, 3 T. R., 653.

$ 772. A proposal is revoked:

1. By the communication of notice of revocation by the proposer to the other party, in the manner prescribed by sections 766 and 768, before his acceptance has been communicated to the former;1

2. By the lapse of the time prescribed in such proposal for its acceptance, or if no time is so prescribed, the lapse of a reasonable time without communication of the acceptance;2

3. By the failure of the acceptor to fulfill a condition precedent to acceptance; or,

4. By the death or insanity of the proposer.3

'See last section.

Beckwith v. Cheever, 1 Fost. [N. H.], 41; Peru v. Tur

ner, 1 Fairf., 185; Moxley v. Moxley, 2 Metc. [Ky.],

309.

The Palo Alto, Daveis, 356.

S773. A contract which is voidable solely for want of due consent, may be ratified by a subsequent consent.2

1 Gray v. Hook, 4 N. Y., 449.

"Newton v. Bronson, 13 N. Y., 595; Bronson v. Wiman, 8 id., 188; see Sweetman v. Prince, 26 id., 224.

S774. A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.

Bennett v. Judson, 21 N. Y., 238.

CHAPTER IV.

OBJECT OF A CONTRACT.

SECTION 775. Object, what.

776. Requisites of object.

777. Impossibility, what.

778. When contract wholly void.

779. When contract partially void.

what.

$ 775. The object of a contract is the thing which object, it is agreed, on the part of the party receiving the consideration, to do or not to do.

Martin v. McCormick, 8 N. Y., 335.

of object.

$776. The object of a contract must be lawful Requisites when the contract is made, and possible' and ascertainable by the time the contract is to be performed.3

1 Code La., 1885, 1886. See Tufnell v. Constable, 7 Ad. &
El., 798; and note 4 to section 727. For a definition
of the word "lawful," see Chapter IV of this Title
Code La., 1880; Richards v. Edick, 17 Barb., 260;

Abeel v. Radcliff, 13 Johns., 300; see Tracy v. Al-
bany Exch. Co., 7 N. Y., 474.

Thus, an agreement to pay so much as a barrel of flour
may be worth on a particular day, is a common and
perfectly valid contract, So an agreement to pay so
much as certain persons shall decide, is valid (Brown
v. Bellows, 4 Pick., 189).

bility, what

S777. Everything is deemed possible, except that Impossi which is impossible in the nature of things.

Impossibility is to be determined, not by the means or
ability of the party, but by the nature of things (Code
La., 1885, 2028; see McNeill v. Reed, 9 Bing,, 68;
Beebe v. Johnson, 19 Wend., 500; Harmony v. Bing-
ham, 12 N. Y., 99; Warfield v. Watkins, 30 Barb.,
395; Tufnell v. Constable, 7 Ad. & El., 798). Thus a
promise to procure the assent of a third person, to any
lawful and proper act is valid (Lloyd v. Crispe, 5 Taunt.,
249; McNeill v. Reed, 9 Bing., 68).

When

contract

$178. Where a contract has but a single object, and such object is unlawful,' whether in whole or in wholly part, or wholly impossible of performance, or so

void.

When con.

tract par

vaguely expressed as to be wholly unascertainable, the entire contract is void.

'See Smith v. Wilcox, 24 N. Y., 353; Porter v. Havens,

37 Barb., 343; Devlin v. Brady, 32 id., 518.

2 Brown v. Brown, 34 Barb., 533; Hopkins v. Prescott, 4

C. B., 578.

3 See Faulkner v. Lowe, 2 Exch., 595.

$779. Where a contract has several distinct objects,

tially void. of which one at least is lawful, and one at least is unlawful in whole or in part, the contract is void

as to the latter, and valid as to the rest.

See Bank of Australasia v. Bank of Australia, 6 Moore

P. C., 152; Leavitt v. Palmer, 3 N. Y., 37; Chase's
Ex'r v. Burkholder, 18 Penn. St., 50; Kerrison v
Cole, 8 East, 236.

Good con

sideration, what.

CHAPTER V.

CONSIDERATION.

SECTION 780. Good consideration, what.

781. How far legal or moral obligation is a good consideration

782. Consideration lawful.

783. Effect of its illegality.

784. Consideration executed or executory.

785. Executory consideration.

786. How ascertained.

787, 788. Effect of impossibility of ascertaining consideration.

$780. Any benefit conferred,' or agreed to be con ferred, upon the promiser, by any other person,3 to which the promiser is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promiser, is a good consideration for a promise.

8

'Johnson v. Titus, 2 Hill, 606; Oakley v. Boorman, 27

Wend., 588; see Hamilton College v. Stewart, 1 N. Y., 581; Palmer v. North, 35 Barb., 282. It is immaterial whether the benefit is small or great (Haigh v. Brooks, 10 Ad. & El., 309; Johnston v. Nicholls, 1 C. B., 251).

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