Case Overview

Embry v. Hargadine-McKittrick Dry Goods Co. (1907)

Facts:

Embry, a fired employee, claimed that McKittrick had promised to renew his contract. McKittrick denied that he ever made such a promise. The judge told the jury that unless both parties subjectively intended to form an employment contract, no contract exists, even if McKittrick did promise to renew the contract.

Issue:

When determining if a contract exists, is a party’s assent to be determined by his actual state of mind or by the reasonable outward manifestation of assent?

Rule:

One’s state of mind is immaterial if that party outwardly manifests assent to the contract.