Laclede Construction Co. v. Tudor Iron Works
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Ron. Franklin Ferris, Judge. (1) ' It is the law that a unilateral contract, while it. remains wholly executory, can not be enforced by either party.
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Appeal from St. Louis City Circuit Court — Ron. Franklin Ferris, Judge. (1) ' It is the law that a unilateral contract, while it. remains wholly executory, can not be enforced by either party. But it is equally well settled that a unilateral contract is one-of that class of contracts which becomes in law an enforcible contract so soon as it is performed or so soon as the promisee engages to do ox does or begins to do that which is or which may be considered as a condition of the promise of the promisor. Lungstrass v. Ins. Co., 48 Mo. 204; Lindell v. Eokes, 60 Mo. 251; Keller v. Ybarru, 3 Cal.…
1Opinion of the CourtMarshall, J.
— This is an action to recover $62,402, damages alleged to have been suffered by reason of an alleged breach of contract by the defendant.
*141The contract pleaded in the petition is as follows:
“St. Louis, Dec. 9, 1898.
“Wm. E. Guy, Esq., Pres. Laclede Construction Co., St. Louis.
“Dear Sir: We propose to furnish your company sufficient track fastenings for 39,000 tons 75 lb. rails, as follows:
Track Spikes 5-§x-j\......$1.48 per 100 lbs.
Track bolts § and f with TJ. S. nuts.......... 1.69 per 100 lbs.
Angle Splices, sufficient for 100 miles of 75 lb. rail....... 1.05 per 100 lbs.
“All f. o. b. cars…
2Cases cited8 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Storm v. United StatesSupreme Court of the United States · 1877
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Black v. WoodrowCourt of Appeals of Maryland · 1874
- Clements v. YeatesSupreme Court of Missouri · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Laclede Construction Co. V. T. J. Moss Tie Co.Supreme Court of Missouri · 1904
- Bircher v. BoemlerSupreme Court of Missouri · 1907
- Robson v. United Pacific Insurance CompanySupreme Court of Missouri · 1965
- Middleton v. HolecroftMissouri Court of Appeals · 1954
- Crigler v. DuncanMissouri Court of Appeals · 1907
23 more not listed; retrieve them via the Exa API.