Is an agreement in writing that is signed by one party alone and delivered to and accepted by the other party binding upon both parties?

The trustee cites a number of cases for the proposition that an agreement in writing that is signed by one party alone, and delivered to and accepted by the other is, when acted upon, a written contract binding upon both parties. Acceptance of the benefits by the non-signing party is execution of the written contract. However, the cases cited by the trustee are distinguishable. None of the contracts interpreted in those cases contained an express condition precedent that the contract be signed by all the parties. The trial court in this case did

[51 BR 609]

find such a condition and, as discussed earlier, we have affirmed that finding. In order for a condition precedent to be satisfied, "the assent to its terms must be evidenced in the manner agreed upon or it does not become a binding or completed contract." Spinney v. Downing, 108 Cal. 666, 41 P. 797 (1895).