De Los Santos v. Great Western Sugar Company

348 N.W.2d 842 (1984)

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De Los Santos v. Great Western Sugar Company

Nebraska Supreme Court
348 N.W.2d 842 (1984)

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Facts

Trucker Caesar De Los Santos (plaintiff) entered into a contract with sugar-beet processor Great Western Sugar Company (Great Western) (defendant). The contract provided that De Los Santos would transport “such tonnage of beets as may be loaded” by Great Western onto trucks operated by De Los Santos during a specified five-month time period. De Los Santos would be compensated based on the amount of beets he transported. At the time the contract was made, De Los Santos was aware that he was not the only trucker that Great Western had hired to transport beets. Two months into the contract, Great Western told De Los Santos that his services were no longer needed. De Los Santos sued Great Western, arguing that he was entitled to continue to haul beets until all of Great Western’s beets had been transported. The trial court found that the contract was unenforceable due to a lack of mutuality and granted Great Western summary judgment. De Los Santos appealed to the Nebraska Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Cambridge, J.)

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