T. C. Bottom Produce Co. v. Olsen
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Jos. A. Guthrie, Judge. (1) The defendants having made an offer by telegram for the sale of potatoes to plaintiff and the plaintiff having accepted the same by telegram, a complete contract was made. An effort on the part of one or both of the parties thereafter to pnt said contract in more formal shape did not make the contract incomplete. McDerMott v. Centennial, etc., Assn., 24 Mo.
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Appeal from Jackson Circuit Court.—Hon. Jos. A. Guthrie, Judge. (1) The defendants having made an offer by telegram for the sale of potatoes to plaintiff and the plaintiff having accepted the same by telegram, a complete contract was made. An effort on the part of one or both of the parties thereafter to pnt said contract in more formal shape did not make the contract incomplete. McDerMott v. Centennial, etc., Assn., 24 Mo. App. 73; Meissner v. Standard, etc., Co., 211 Mo. 112, 133; Hudson v. Rodgers, 121 Mo. App. 168, 175, 176, and cases cited. (2) A custom to put a contract made by…
1Opinion of the CourtJohnson, J.
Plaintiff sued, .November 12,1913, to recover damages for the breach by defendants of a contract to deliver 5,000 bushels of seed potatoes at the price of seventy cents per bushel. A jury was waived and at the close of the evidence the court rendered judgment for defendants on the ground that the alleged contract of sale was not proved, and plaintiff appealed.
Plaintiff was a wholesale dealer in produce in Kansas City and defendants were partners engaged in similar business in Moorhead, Minnesota. There is a large demand each Spring by potato growers in the territory of which Kansas City is…
2Cases cited4 opinions
- Green v. ColeSupreme Court of Missouri · 1890
- Methudy v. RossMissouri Court of Appeals · 1881
- Bourne v. ShapleighMissouri Court of Appeals · 1880
- Irish v. PulliamNebraska Supreme Court · 1891
3Cited by2 opinions
- Webb-Kunze Construction Co. v. Gilsonite Construction Co.Supreme Court of Missouri · 1920
- Holland Land & Loan Co. v. HollandSupreme Court of Missouri · 1927