McLennon v. Siebel
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. The misrepresentation by the respondent (whether innocent or fraudulent) was of a then existing, material fact which pertained to the subject-matter of the contract. There was no meeting of the minds of the parties. To constitute a binding contract the minds of the parties must assent to the same thing in the same sense.
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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. The misrepresentation by the respondent (whether innocent or fraudulent) was of a then existing, material fact which pertained to the subject-matter of the contract. There was no meeting of the minds of the parties. To constitute a binding contract the minds of the parties must assent to the same thing in the same sense. Green v. Cole, 103 Mo. 76; Nordyke v. Kehlor, 155 Mb. 654; Perkins v. School District, 99 Mo. App. 487; Ice Co. v. Potter, 123 Mass. 28; Stone v. Lane, 66 Minn. 94; Harriman on Contracts (2 Ed.), sec.…
1Opinion of the CourtGoode, J.
The parties submitted this cause on the following agreement concerning the facts:
“Now on this ninth day of July, 1907, come the plaintiff and defendant in the ^above-entitled cause, through their respective attorneys and for the purposes of this suit submit to the court the following statement of the facts upon which the court is asked to make a finding in this cause, to-wit:
“On or about the sixth day of October, 1905, plaintiff having a contract with a Mrs. Thompson to erect a building upon a lot or parcel of ground on the northwest corner of Cabanne and Hamilton avenues, requested defendant…
2Cases cited6 opinions
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Schwabacker v. RiddleIllinois Supreme Court · 1881
- Bidault v. WalesSupreme Court of Missouri · 1855
- Wilburn v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1892
- Yeater v. HinesMissouri Court of Appeals · 1887
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