Twentieth Century Machinery Co. v. Excelsior Springs Mineral Water & Bottling Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Franh P. Divelbiss, Judge. (1) An offer met by a counter offer is in law rejected in tolo and there must be evidence that such offer was renewed and accepted before Its terms became binding on the parties making it as a contract. Bronson v. Implement Co., 135 Mo. App. 483; Wire Mfg. Co. v. Broderick, 12 Mo. App- 378; Shickle v. Iron Co., 84 Mo. 161; Cangos v. Mfg. Co., 37 Mo. App. 297; Tufts v. L. S. Sams & Sons, 47 Mo.
Read the full summary
Appeal from Clay Circuit Court. — Hon. Franh P. Divelbiss, Judge. (1) An offer met by a counter offer is in law rejected in tolo and there must be evidence that such offer was renewed and accepted before Its terms became binding on the parties making it as a contract. Bronson v. Implement Co., 135 Mo. App. 483; Wire Mfg. Co. v. Broderick, 12 Mo. App- 378; Shickle v. Iron Co., 84 Mo. 161; Cangos v. Mfg. Co., 37 Mo. App. 297; Tufts v. L. S. Sams & Sons, 47 Mo. App. 487; Railway v. Joseph Joseph & Bros. Co., 160 Mo. App. 174; McLean v. G-yen Assn., 61 Mo. App. 55; Mfg. Co. v. Broderick, 61 Mo.…
1ConcurrenceBlair, J.
(concurring) — I concur in the result. The question discussed in the second paragraph is not, in my opinion, presented by the record. The petition in this ease is substantially the same as that considered in Warnick v. Baker, 42 Mo. App. 439, and should be held sufficient, in aid of the verdict, on the principle announced in that case. Baals v. Stewart, 109 Ind. 371; Kerner v. Boardman, 14 N. Y. Supp. 787, 133 N. Y. 539; and Brickley v. Walker, 68 Wis. 563, support the same conclusion.
Walker, <7., concurs.
2Cases cited4 opinions
- Brickley v. WalkerWisconsin Supreme Court · 1887
- Baals v. StewartIndiana Supreme Court · 1886
- Warwick v. BakerMissouri Court of Appeals · 1890
- Kerner v. BoardmanNew York Court of Common Pleas · 1891