(dissenting).
The offer by Wall was a classic example of a unilateral, as opposed to a bilateral, form of contract. Wall’s offer was to be accepted by action, and not a promise of action. His offer was that if Trinity would pay him $5,000, he would not compete for one year. He did not ask for a promise of payment, and a mere promise to pay could not constitute an acceptance of that offer.
In like manner, Wall gave Trinity the option [an offer] that if each year for 10 years Trinity would do the act required, i. e., pay $5,000, he would refrain from competing for such period of time. Again, the unilateral offer called for the doing of an act, not a promise to do an act.
Trinity had paid Wall $5,000. On the basis of that act, there was a binding unilateral contract for one year. But Trinity could not accept the option or offer for a longer period of time by any promise or agreement to pay. The Court of Civil Appeals so held, and I agree with the opinion of that court. 363 S.W.2d 301.
The majority has passed over this issue, which I regard as the main one in the case, and has found a completely new contract in the correspondence leading to this suit. In my opinion there was no meeting of the minds of the parties to any new contract. There being no binding new agreement, Trinity should not be held liable thereon.