Lindsey Masonry Co. v. Murray & Sons Construction Co.

No. 114,812 IN THE COURT OF APPEALS OF THE STATE OF KANSAS LINDSEY MASONRY CO., Appellee, v. MURRAY & SONS CONSTRUCTION CO. and THE OHIO CASUALTY INSURANCE CO., Appellants. SYLLABUS BY THE COURT 1. To form a binding contract, there must be a meeting of the minds on all essential elements. Contract formation requires an unconditional and positive acceptance. A conditional acceptance is really a counteroffer and no contract is formed. 2. An acceptance of a contract must mirror the terms of the offer. A conditional acceptance is a counteroffer that rejects the original offer. 3. When one party…