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McComas v. Mixed Nits3/8/2000
reasonably be inferred that the alleged undertaking was an integral part of the defendant's offer of services and, therefore, furnished consideration for the plaintiff's acceptance. Here, on the summary judgment record, the timing of the alleged promise does not permit such an inference. It is undisputed that defendant's alleged statement was made months after the parties' existing contractual arrangement was established and there is no evidence that it was supported by consideration. Therefore, defendant's statement, if made, constituted a gratuitous prediction that defendant had no contractual duty to produce. The trial court did not err in granting summary judgment in favor of defendant and in denying plaintiffs' cross-motion for summary judgment.
Affirmed.
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