Legal Opinion

Eads v. City of Carondelet

Supreme Court of Missouri

Decided October 15, 1867PublishedCited by 21 opinions

Appeal from, St. Louis Circuit Court. . I. Tke second section of defendant’s ordinance did not bave tbe effect to withdraw the positive acceptance made in the first section, or in the least to modify it. The city council of Carondelet no where intimate that they take back their acceptance. On the contrary, they direct their agent to enter into a written agreement embracing the terms of Eads’s proposition. They tell him to close the contract between said city and Eads.

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Appeal from, St. Louis Circuit Court. . I. Tke second section of defendant’s ordinance did not bave tbe effect to withdraw the positive acceptance made in the first section, or in the least to modify it. The city council of Carondelet no where intimate that they take back their acceptance. On the contrary, they direct their agent to enter into a written agreement embracing the terms of Eads’s proposition. They tell him to close the contract between said city and Eads. The ordinance embraces ^very element of a contract agreed on and in writing. The real expressed intention is that the…

1Opinion of the CourtWagner, Judge

This case is brought before us on a writ of error, prosecuted from a decision of the court below, sustaining a demurrer to the plaintiff’s petition. The plaintiff alleges in his petition that on the 23 d day of May, 1862, he had entered into a contract with the government of the United States to build and construct six gunboats; that in the construction of the boats a large number of persons would necessarily have to be employed, and a large quantity of money disbursed; that defendant was anxious to have the boats built within its corporate limits ; and that one William Taussig, on behalf of…

2Cases cited2 opinions

  1. Barlow v. . ScottNew York Court of Appeals · 1861
  2. Hazard v. New England Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1832

3Cited by21 opinions

  1. Mississippi & Dominion Steamship Co. v. SwiftSupreme Judicial Court of Maine · 1894
  2. Green v. ColeSupreme Court of Missouri · 1890
  3. Edge Moor Bridge Works v. County of BristolMassachusetts Supreme Judicial Court · 1898
  4. Egger v. NesbittSupreme Court of Missouri · 1894
  5. Allen v. ChouteauSupreme Court of Missouri · 1890

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