Halloway v. Mountain Grove Creamery Co.
Supreme Court of Missouri
Transferred from the Springfield Court of Appeals. '(1) The contract sued upon is unilateral and void for want of mutuality so far as it was executory. The Strafford Dairy Association was not obligated to furnish any certain or definite amount of cream. In fact, they do not agree to do anything. Campbell v. Handle Co., 117 Mo. App. 19; Hudson v. Browning, 264 Mo. 58; Iron & Rail Co. v. Railroad, 148 Mo. App. 173; Jones v. Durgin, 16 Mo.
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Transferred from the Springfield Court of Appeals. '(1) The contract sued upon is unilateral and void for want of mutuality so far as it was executory. The Strafford Dairy Association was not obligated to furnish any certain or definite amount of cream. In fact, they do not agree to do anything. Campbell v. Handle Co., 117 Mo. App. 19; Hudson v. Browning, 264 Mo. 58; Iron & Rail Co. v. Railroad, 148 Mo. App. 173; Jones v. Durgin, 16 Mo. App. 370. (2) Plaintiffs cannot recover in this action for the contract price, even upon the theory that the writing constituted a valid contract between the…
1Opinion of the Court
Appeal from the Circuit Court of Greene County.
The plaintiffs are trustees of a voluntary association of dairymen, and the defendant is a corporation engaged in buying cream. The following agreement was executed by the parties:
"Mountain Grove, Missouri, Mar. 7, 1914. "CONTRACT.
"Ozark Dairy Association, "Strafford, Missouri,
"Gentlemen:
"We agree to pay the following price for your cream for one year, beginning the 1st day of April, 1914, and ending the 1st day of April, 1915. We will pay flat Elgin price F.O.B. Strafford for the entire year for all first grade cream and three cents less for…
2Cases cited4 opinions
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Adams v. HelmSupreme Court of Missouri · 1874
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- D. N. Lightfoot & Son v. Edward Hurd & Co.Missouri Court of Appeals · 1905
3Cited by9 opinions
- Vilter Mfg. Co. v. RolaffCourt of Appeals for the Eighth Circuit · 1940
- Phillips Petroleum Co. v. Rau Const. Co.Court of Appeals for the Eighth Circuit · 1942
- Rodgers v. Seidlitz Paint and Varnish CompanySupreme Court of Missouri · 1966
- Moore v. Shell Oil Co.Oregon Supreme Court · 1932
- Collins v. GaskillSupreme Court of Missouri · 1949
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