Gaus & Sons Manufacturing Co. v. Chicago Lumber & Coal Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Horatio D. Wood, Judge. Exhibits “A” and “B” do not make a contract, and consequently the objection to the introduction of any testimony made at the outset of the case, on the ground that there was no contract, should have been sustained. Exhibits “A” and “B” differ in a number of material particulars.
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Appeal from St. Louis City Circuit Court. — Eon. Horatio D. Wood, Judge. Exhibits “A” and “B” do not make a contract, and consequently the objection to the introduction of any testimony made at the outset of the case, on the ground that there was no contract, should have been sustained. Exhibits “A” and “B” differ in a number of material particulars. The acceptance, therefore, did not correspond to the terms of the offer, and consequently there was no contract, because the minds of the parties never met. Strange v. Crowley, 91 Mo-. 1. c. 295; Taylor v. Von Schraeder, 107 Mo. 206; Cangas v,…
1Opinion of the CourtBland, P. J.
— This suit was commenced before a justice of the peace, in the city of St. Louis. From a judgment rendered by the justice, an appeal was taken to the circuit court. Qn a trial anew in the circuit court, the issues were submitted to the judge, sitting as a jury, who, after hearing the evidence, made special findings of the facts and found the issues for the plaintiff.
The petition or statement on which the cause was tried in both courts is as follows (omitting caption) :
“Plaintiff for cause of action states that both it and defendant are corporations duly authorized to' do business and sue and…
2Cases cited8 opinions
- Egger v. NesbittSupreme Court of Missouri · 1894
- Bruner v. WheatonSupreme Court of Missouri · 1870
- Taylor v. Von SchraederSupreme Court of Missouri · 1891
- Scott v. DavisSupreme Court of Missouri · 1897
- Robertson v. TapleyMissouri Court of Appeals · 1892
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3Cited by5 opinions
- Corydon Milling Co. v. Noblesville Milling Co.Indiana Court of Appeals · 1919
- Massachusetts Bonding & Ins. Co. v. Ray Dilschneider, IncCourt of Appeals for the Eighth Circuit · 1953
- Sarran v. RichardsMissouri Court of Appeals · 1910
- Houston & Brazos Valley Railroad v. Joseph Joseph & Bros.Missouri Court of Appeals · 1912
- Royal Brewing Co. v. St. Louis Brewing Ass'nMissouri Court of Appeals · 1915