Embry v. Hargadine-McKittrick Dry Goods Co. (1907)
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.
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?
One’s state of mind is immaterial if that party outwardly manifests assent to the contract.