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Nature of the Agreement or Assent of the Parties


NATURE OF THE AGREEMENT OR ASSENT OF THE PARTIES. In general, the agreement or assent of the parties must be a mutual willingness to enter upon and be bound by an under stood bargain. There is no contract unless the parties so assent to the same thing and in the same sense. But this does not necessitate a union of the secret thoughts and intention of the parties; it is sufficient if there be a plain request on the one side and an assent on the other. All that is necessary is a manifest outward as sent of the parties to the same thing in the same gen eral sense. (I Pars. Cont. 475.) This assent or agree ment usually originates from question and answer, that is, offer and acceptance. Thus A says to B, "I will sell you my horse for $50." B replies, "I accept your offer." By this offer and its acceptance the as sent of the parties is manifested and the spoken words conclude both from denying that they did so assent.