About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



Case Citations [i] (Spring 2026)

handle is hein.ali/contract0201 and id is 1 raw text is: 





                            THE AMERICAN


                              LAW INSTITUTE



                                    Spring 2026 Citations



                                  CONTRACTS



                 CHAPTER 3. FORMATION OF INFORMAL CONTRACTS

                          TOPIC  2. MANIFESTATION OF ASSENT

§ 33. When an Indefinite Offer Creates a Contract

Ohio App.2025. Cit. in case quot. in sup. (general cite). Minority shareholder in a family farm sued
majority shareholder, who was his stepmother, alleging, among other things, that she breached an oral
promise to transfer her shares to him if he took care of the farm like his father and grandfather did. The
trial court granted summary judgment for majority shareholder on minority shareholder's breach-of-
contract claim. This court affirmed, holding that majority shareholder's oral promise to transfer the
shares to minority shareholder was not an enforceable contract, because the promise lacked definite
terms and there was no meeting of the minds. Citing the Restatement of Contracts, the court reasoned
that, when uncertainty surrounded important and key terms of a purported agreement between parties,
there was a stronger indication that the parties did not intend to be bound by it. Clark v. Clark, 262
N.E.3d 473, 490.



                    TOPIC  3. CONSIDERATION AND ITS SUFFICIENCY

§ 75. Definition of Consideration

Pa.2025. Com. (b) quot. in sup. In divorce proceedings between pregnant mother and same-sex spouse,
spouse filed a petition for special relief for pre-birth establishment of parentage, seeking an order
confirming spouse as a legal parent to the child, who was conceived using donated sperm and assistive
reproductive technology (ART). The trial court entered an order in spouse's favor, finding that an oral
contract existed because the parties mutually agreed to conceive the child. The court of appeals
affirmed. This court reversed on other grounds, holding that the lower courts erred in their analysis of
the element of consideration in finding an oral contract existed. The court explained that, under
Restatement of Contracts § 65, Comment b, spouse's agreement to pay for ART expenses and to share
an emotional role during the pregnancy process did not constitute consideration, because the record did

                           COPYRIGHT C2026 By THE AMERICAN LAW INSTITUTE
                                         All rights reserved
                                   Printed in the United States of America
          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.