Cangas v. L. M. Rumsey Manufacturing Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The evidence in this case does not establish any contract between the parties to this suit. The mere proposal or order by one party to another, which is not accepted, constitutes no bargain between them.
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The evidence in this case does not establish any contract between the parties to this suit. The mere proposal or order by one party to another, which is not accepted, constitutes no bargain between them. If the offer by a vendor be answered by a proposal to give a less sum, this amounts to a rejection of the offer, which is then at an end, and the party to whom the offer was made cannot afterwards bind tbe intended vendor by simply accepting the first offer, Benj. Sales [ Bennett’s Ed. ] sec. 39, and cases cited;…
1Opinion of the CourtBiggs, J.
The plaintiff sues the defendant for non-delivery of twenty I). M. Osborne, No. 8 reaping machines, and claims four thousand dollars damages.
The plaintiff is a merchant and citizen of the republic of Mexico, and the defendant is a business corporation engaged in the hardware business in the city of St. Louis.
The petition contains two counts but they relate to the same subject-matter.
The plaintiff in substance alleges that the defendant for a consideration contracted to deliver to him twenty D. M. Osborne, No. 8 reaping machines, for which he had agreed to pay the sum of sixteen hundred and…
2Cases cited9 opinions
- Schenectady Stove Co. v. . HolbrookNew York Court of Appeals · 1885
- Baker v. Johnson CountySupreme Court of Iowa · 1873
- Jenness v. Mount Hope Iron Co.Supreme Judicial Court of Maine · 1864
- Eads v. City of CarondeletSupreme Court of Missouri · 1867
- Bruner v. WheatonSupreme Court of Missouri · 1870
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3Cited by7 opinions
- Egger v. NesbittSupreme Court of Missouri · 1894
- Robertson v. TapleyMissouri Court of Appeals · 1892
- Stone v. St. Louis Union Trust Co.Missouri Court of Appeals · 1910
- Union Service Co. v. Moffet-West Drug Co.Missouri Court of Appeals · 1910
- Lancaster v. ElliotMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.