Chaplaine Realty & Construction Co. v. Philip Gruner & Bros. Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. If a proposal includes any qualifying conditions, the acceptance of it is an assent to such conditions.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. If a proposal includes any qualifying conditions, the acceptance of it is an assent to such conditions. The provision in defendant’s estimate, “Errors in extensions and footings subject to correction,” was a material condition of the plaintiff’s offer and meant that the amount of the bid was conditional upon the extensions and footings being correct and that if there were any errors in-extensions or footings, there should be a proportionate reduction or increase in the price. 7 Am. and E. Enc. of Law, p. 131; 9 Cyc. of…
1Opinion of the CourtGoode, J.
(after stating the facts). — The rulings on requests for declarations of law indicate the court below thought the case ought to be decided according to legal propositions which may be stated as follows: First, if a mistake occurred in making up defendant’s bid, but before the latter had withdrawn or offered to correct it, plaintiff accepted and acted on it, and under such circumstances as would have induced a business man of ordinary prudence to do so, then defendant was bound to comply with its offer; second, if before the bid was accepted plaintiff either knew, or had information to cause…
2Cases cited11 opinions
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Brown v. LevyCourt of Appeals of Texas · 1902
- Rowland v. the New York, New Hayen & Hartford RailroadSupreme Court of Connecticut · 1891
- Tillinghast v. BaileyU.S. Circuit Court for the District of Southern Ohio · 1897
- Crilly v. Board of EducationAppellate Court of Illinois · 1894
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3Cited by1 opinion
- C. H. Young Co. v. SpringerSupreme Court of Minnesota · 1911