he
can recover anything it is on the implied contract which the law
makes, the worth of his work after deducting the loss to his employer.
Suppose the employer should prove that he had lost more by A's going
away when he did than he had gained by his week's work, he could
recover of B, for the rule works both ways. In some states he cannot
recover anything, for, having broken his contract, he has no standing
in court.
Suppose one signs his name to a subscription paper, calling for the
payment of money, to build a church, for example, and the designated
amount has been subscribed, can a subscriber refuse to pay? He
cannot. Suppose he withdraws before the subscriptions have been
completed, what then? He can refuse. If a subscription has not been
completed, death operates as a revocation and the subscriber's estate
is not held for the amount. Sometimes a moral obligation to pay money
is a good consideration for a promising to pay it. Thus if one owes
another for a bill of goods, and the debt has ceased to be binding by
lapse of time, yet he should afterwards promise to pay, he could be
held on his promise because there was a good consideration for the
debt. Lastly a contract may be modified by mutual agreement without
another consideration.
Another element in a contract is mutuality, a meeting of minds in the
same sense. In every contract there is an offer made by one party and
an acceptance or refusal by the other. When an acceptance occurs,
there is a meeting of minds, or an assent. Very often the parties do
not understand each other, they acted hastily, ignorantly perhaps,
their minds did not really meet in the same sense. In such cases there
is no contract.
Generally the acceptance must be at the time of receiving the offer.
If it is not, there is no meeting of minds, no assent. A person
however may make an offer on time, this is common enough. When this is
done the other party must furnish some kind of consideration to make
the offer good for anything, otherwise the offerer can withdraw his
offer whenever he pleases. Many an offeree has been disappointed by
the action of the other party in withdrawing his offer, yet the
offerer has been clearly within his rights in doing so when he has
received no consideration for giving the other party time to think
over his offer.
An eminent jurist has said "that an offer without more is an offer in
the present to be accepted or refused when made. There is no time
which
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