Legal Opinion

Batavia v. St. Louis Southwestern Railway Co.

Missouri Court of Appeals

Decided June 3, 1907PublishedCited by 4 opinions

Appeal from Jackson Circuit Court. — No». William B. Teasdale, Judge. (1) The correspondence shows that the proposition of compromise, made by defendant’s general baggage agent, was not accepted unconditionally; that the minds of the parties never met and that all propositions were withdrawn before and without acceptance. Eliason v. Henshaw, 4 Wheat. 228; Eads v. Carondelet, 42 Mo. 117; Strange v. Crowley, 91 Mo. 295; Robinson y.

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Appeal from Jackson Circuit Court. — No». William B. Teasdale, Judge. (1) The correspondence shows that the proposition of compromise, made by defendant’s general baggage agent, was not accepted unconditionally; that the minds of the parties never met and that all propositions were withdrawn before and without acceptance. Eliason v. Henshaw, 4 Wheat. 228; Eads v. Carondelet, 42 Mo. 117; Strange v. Crowley, 91 Mo. 295; Robinson y. Railroad, 75 Mo. 498; Taylor v. Yon Schraeder, 107 Mo. 225; Steam Co. y. Biggs, 4 De G., F. & J., 197; Bruner v. Wheaton, 46 Mo. 366; 1 Pars., Cont., 507; Poll,…

1Opinion of the Court

ELLISON, J.-

This action is based on an alleged contract of settlement of a claim against defendant. Plaintiff recovered judgment in the trial court. Plaintiff, residing at Kansas City, Missouri, had a claim against defendant for baggage destroyed by fife. After considerable correspondence with the defendant’s general baggage agent at Texarkana, Texas, plaintiff closed his letter of the twenty-fifth of March, 1905, with, the question “What will you settle the whole claim for?” The baggage agent answered April 7 as follows: “Re: yours 3-25, beg to advise that I have been authorized to allow you…

2Cases cited7 opinions

  1. Norrington v. WrightSupreme Court of the United States · 1885
  2. Weaver v. BurrWest Virginia Supreme Court · 1888
  3. Orr v. HodgsonSupreme Court of the United States · 1819
  4. Strange v. CrowleySupreme Court of Missouri · 1886
  5. T. M. James & Sons v. Marion Fruit Jar & Bottle Co.Missouri Court of Appeals · 1897

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Curtis v. SextonMissouri Court of Appeals · 1910
  2. Union Service Co. v. Moffet-West Drug Co.Missouri Court of Appeals · 1910
  3. Sarran v. RichardsMissouri Court of Appeals · 1910
  4. Royal Brewing Co. v. St. Louis Brewing Ass'nMissouri Court of Appeals · 1915

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