mutuality

Reciprocation; interchange. An acting by each of two parties; an acting in return.

"Mutuality of contract" means that obligation rests on each party to do or permit doing of something in consideration of other party's act or promise; neither party being bound unless both are bound. Aden v. Dalton, 341 Mo. 454, 107 S.W.2d 1070, 1073.

Called, also, mutuality of obligation. United Appliance Corporation v. Boyd, Tex.Civ. App., 108 S.W.2d 760, 764.

As to mutuality of assent, mutuality of mistake, etc., see those titles

@ mutuality of contract

See mutuality

@ mutuality doctrine

Doctrine in equity to the effect that equitable relief will be denied a party to a contract on a showing that the plaintiff is not bound to the same extent as the defendant in fulfilling the contract. In another context, it refers to the obligation of a meeting of the minds before a contract can be found.

See mutuality of obligation

@ mutuality of estoppel

This doctrine dictates that a judgment will not be held conclusive in favor of one person unless it would be conclusive against him had the case been decided the other way. Foltz v. Pullman, Inc., DeLSuper., 319 A.2d 38, 41

@ mutuality of obligation

Mutuality of obligation requires that unless both parties to a contract are bound, neither is bound. Sala & Ruthe Realty, Inc. v. Campbell, 89 Nev. 483, 515 P.2d 394, 396.

Such obligation as pertaining to executory contract requires that each party to agreement be bound to perform, and if it appears that one party was never bound to do the acts which formed the consideration for promise of the other, there is lack of mutuality of obligation and other party is not bound. McCandles v. Schick, 85 Idaho 509, 380 P.2d 893, 898.

See mutuality doctrine

@ mutuality of remedy

In equity, one party to a contract may not have equitable relief if he is not bound by the contract to the same extent as the other party, or if his remedy is not co-extensive. Generally, specific performance will be granted only where there is "mutuality of remedy", which means that right to performance must be mutual. Burr v. Greenland, Tex.Civ.App., 356 S.W.2d 370, 375

@