Legal Opinion

Bolt v. Caldwell

Supreme Court of Missouri

Decided February 29, 1912PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) The words in the plaintiff’s proposal accepted by defendants: “You to furnish lists of each and every land of material- required, ‘at least thirty days prior to the time you require it,’ ” are not an agreement or proposal of plaintiff to furnish any material specified in any such list within thirty days after such list has been furnished to plaintiff.

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Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) The words in the plaintiff’s proposal accepted by defendants: “You to furnish lists of each and every land of material- required, ‘at least thirty days prior to the time you require it,’ ” are not an agreement or proposal of plaintiff to furnish any material specified in any such list within thirty days after such list has been furnished to plaintiff. Leslie v. Mining Co., 110 Mo. 31; Duhamel v. Stone Co., 59 "Wash. 171; McReynolds’s Appeal, 66 Pa. St. 102; United States v. Dimmick, 112 Fed. 350; People v.…

1Opinion of the Court

BOND, C.

Plaintiff, a materialman, on February 17, 1904, sued the defendants, who were general contractors for the construction of the agricultural building for the World’s Fair Company, for $6426.30 and interest thereon, alleged to be a balance due for wrought and east iron materials furnished according to specifications of defendants.

The amended answer of defendants averred that plaintiff entered into a contract with them on March 3, 1903, to-wit:

*361“St. Louis, Mo., Mch. 3, 1903,
“Messrs. Caldwell & Drake,

Builders,

St. Louis, Mo.

“Gentlemen: — We propose to furnish yon with all the wrought iron…

2Cases cited1 opinion

  1. Duhamel v. Port Angeles Stone Co.Washington Supreme Court · 1910

3Cited by4 opinions

  1. Needles v. Kansas CitySupreme Court of Missouri · 1963
  2. Newman v. Standard Accident InsuranceMissouri Court of Appeals · 1915
  3. State Ex Rel. Studebaker Corp. of America v. TrimbleSupreme Court of Missouri · 1922
  4. Needles v. Kansas CitySupreme Court of Missouri · 1963

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