Langenberg

The petition for rehearing is denied.

It is urged in the petition that in construing the contract we overlooked the fact that appellant received a consideration for his promise to hire respondent’s truck and driver for one year. That consideration, as stated in the opinion, consisted of the purchase by respondent of the Indiana truck owned by appellant’s son-in-law. This element was not overlooked by us when construing the contract in question. We thought then, as we do now, that the mere fact that appellant received a consideration for his promise is not necessarily determinative of the scope of his contractual obligations—that the" receipt by him of the consideration agreed upon should not be given the force which appellant now claims for it. Obviously, in every binding contract the promise of the promisor must be supported by a legal consideration of some kind. In many of the contracts involved in actions such as this the consideration received by the defendant for his promise to employ the plaintiff is the executory promise of the latter to perform his part of the mutual covenants. And while it is true that here respondent’s promise to purchase the son-in-law’s truck ceased…

This is an action to recover damages for the alleged breach of a contract. Judgment passed for plaintiff. Defendant, appealing from that judgment, claims, among other things, that his conduct did not amount to a breach of his agreement. If this contention be well taken *666 it is determinative of the ease, and in that event it will not be necessary to consider any of the other points presented by the appeal.

Defendant offered in writing to employ plaintiff’s truck and driver for the hauling of lumber for one year if plaintiff would purchase a certain Indiana truck outfit then owned by defendant’s son-in-law, one Arthur L. Knudson. When he made the proposal, August 6, 1920, defendant was the sole owner of a lumber business carried on by him in the city of Los Angeles under the name of Pico Heights Lumber Company. The instrument which evidences the proposal, the italics being ours, is as follows:

Plaintiff claims that some time prior to September 25, 1920, he purchased the truck of Knudson in accordance with defendant’s offer; that such purchase, became and was a sufficient executed consideration for defendant’s promise; and that thereupon defendant immediately became legally…

This is an action to recover damages for the alleged breach of a contract. Judgment passed for plaintiff. Defendant, appealing from that judgment, claims, among other things, that his conduct did not amount to a breach of his agreement. If this contention be well taken *Page 666 it is determinative of the case, and in that event it will not be necessary to consider any of the other points presented by the appeal. Defendant offered in writing to employ plaintiff's truck and driver for the hauling of lumber for one year if plaintiff would purchase a certain Indiana truck outfit then owned by defendant's son-in-law, one Arthur L. Knudson. When he made the proposal, August 6, 1920, defendant was the sole owner of a lumber business carried on by him in the city of Los Angeles under the name of Pico Heights Lumber Company. The instrument which evidences the proposal, the italics being ours, is as follows: "August 6, 1920. "Mr. G.O. Langenberg, "Los Angeles, Calif. "Dear Sir: "In consideration of the purchase of the Indiana truck outfit from our Mr. Knudson we will employ your truck and driver for lumber hauling for a period of one year from date of delivery of new truck, as our business…