Browning v. Johnson

Mr. Browning entered into a sales contract to sell his medical practice to Mr. Johnson. Suddenly, Browning change his mind & asked for contract rescission. Browning offered Johnson $40,000 to rescind the contract.

Several months later, Browning wanted a rescission of the 2nd contract to avoid paying $40,000 to Johnson to rescind the 1st contract.

Browning sued Johnson to rescind the 2 contracts.

Browning lost in the trial court.

Is an agreement to give up the right to enforce an un-enforceable contract sufficient consideration to support a unilateral contract?

Yes. Giving up the right to enforce an un-enforceable contract was sufficient consideration to support a unilateral contract.

Affirmed.

Courts will generally not question the adequacy of consideration.

• Contracts_Ayres/9th_ed._Outline#B._Mixed_Motives