Legal Opinion

Twentieth Century Machinery Co. v. Excelsior Springs Mineral Water & Bottling Co.

Supreme Court of Missouri

Decided February 2, 1918PublishedCited by 13 opinions

Appeal from Clay Circuit Court. — Hon. Franh P. Divelbiss, Judge. (1) An offer met by a counter offer is in law rejected in tolo and there must be evidence that such offer was renewed and accepted before Its terms became binding on the parties making it as a contract. Bronson v. Implement Co., 135 Mo. App. 483; Wire Mfg. Co. v. Broderick, 12 Mo. App- 378; Shickle v. Iron Co., 84 Mo. 161; Cangos v. Mfg. Co., 37 Mo. App. 297; Tufts v. L. S. Sams & Sons, 47 Mo.

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Appeal from Clay Circuit Court. — Hon. Franh P. Divelbiss, Judge. (1) An offer met by a counter offer is in law rejected in tolo and there must be evidence that such offer was renewed and accepted before Its terms became binding on the parties making it as a contract. Bronson v. Implement Co., 135 Mo. App. 483; Wire Mfg. Co. v. Broderick, 12 Mo. App- 378; Shickle v. Iron Co., 84 Mo. 161; Cangos v. Mfg. Co., 37 Mo. App. 297; Tufts v. L. S. Sams & Sons, 47 Mo. App. 487; Railway v. Joseph Joseph & Bros. Co., 160 Mo. App. 174; McLean v. G-yen Assn., 61 Mo. App. 55; Mfg. Co. v. Broderick, 61 Mo.…

1Opinion of the Court

RAILEY, C.

This is an action brought in the cir-r cuit court of Clay County, Missouri, on May 7, 1913, to recover the value of certain personal property belonging to plaintiff and which, it is alleged, was con*145verted by defendant to its own use. The case was tried before the court, without a jury and without instructions. On December 15, 1913, the trial court found the issues in favor of plaintiff, except as to one item of the value of $55, and in due form entered judgment in favor of respondent and against appellant, for $1,143.75, and costs. The cause was duly appealed by defendant to the…

2Cases cited3 opinions

  1. Winn v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1912
  2. O'Toole v. LowensteinMissouri Court of Appeals · 1913
  3. Roth v. City of St. JosephMissouri Court of Appeals · 1914

3Cited by13 opinions

  1. Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
  2. Simpson v. WellsSupreme Court of Missouri · 1922
  3. Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
  4. Ehrlich v. MittelbergSupreme Court of Missouri · 1923
  5. Clark v. Crandall.Supreme Court of Missouri · 1928

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