Boeckler Lumber Co. v. Cherokee Realty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.Judge. (1) Under tbe pleadings tbe burden to establish this contract by clear and satisfactory evidence rests upon defendant. Taylor v. Yon Scbrader, 107 Mo. 225; Arnold v. Cason, 95 Mo.
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Appeal from St. Louis City Circuit Court.Judge. (1) Under tbe pleadings tbe burden to establish this contract by clear and satisfactory evidence rests upon defendant. Taylor v. Yon Scbrader, 107 Mo. 225; Arnold v. Cason, 95 Mo. App. 437; Strange v. Crowley,. 91' Mo. 287; Yeth v. Giertb, 92 Mo. 97. (2) The bid in question and its acceptance is ambiguous, conflicting in its parts, coupled with conditions, and shows on its face that the minds of plaintiff and defendant have not met and no valid contract has been entered into between the parties. Pollock on Contract (4 Ed.), p. 38; Northam v.…
1Opinion of the CourtGoode, J.
(after stating the facts). — Appellant contends it should have had judgment for the reasonable value per thousand feet of all the material furnished, less payments and also less $140, the difference between the Darlington Lumber Company’s bid and the reasonable value of the material appellant furnished. The theory is this: Vrooman would have accepted the Dar-lington Company’s bid but for the error-in appellant’s proposal, whereby it was reduced below the Darlington Company’s, and as the latter’s was $140 less than the *715proof shows was the reasonable value of the material sold- by appellant,…
2Cases cited12 opinions
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Board of School Commissioners v. BenderIndiana Court of Appeals · 1904
- Leitensdorfer v. DelphySupreme Court of Missouri · 1851
- Singer v. Grand Rapids Match Co.Supreme Court of Georgia · 1903
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3Cited by1 opinion
- Chaplaine Realty & Construction Co. v. Philip Gruner & Bros. Lumber Co.Missouri Court of Appeals · 1909