Barber v. Ozark Improvement Co.
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Now. TF. N. Evans, Judge. (1) There was no contract on which to base an action; no meeting of minds, no mutuality. To constitute a contract there must be a proposition by one party, accepted by the other, without any modification whatever. The mere proposal of a bargain by one person to another imposes no obligation upon the former until it is accepted by the latter according to the terms in which the offer was made.
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Appeal from Howell Circuit Court. — Now. TF. N. Evans, Judge. (1) There was no contract on which to base an action; no meeting of minds, no mutuality. To constitute a contract there must be a proposition by one party, accepted by the other, without any modification whatever. The mere proposal of a bargain by one person to another imposes no obligation upon the former until it is accepted by the latter according to the terms in which the offer was made. Any qualification of or. departure from those terms invalidates the offer, unless the same be agreed to by the person who made it. 1 Beach on…
1Opinion of the CourtBland, P. J.
The petition alleges, in substance, that defendant, a corporation, agreed to sell and deliver to plaintiff eight hundred cords of wood at $3 per cord, f. o. b. Springfield, Mo., during the winter season of 1905-1906, delivery to begin August 23, 1905, and to continue thereafter at demand of plaintiff, plaintiff to pay for said wood upon delivery; that on August 28, *7191905, defendant delivered sixteen cords of wood under the contract but thereafter failed and refused to deliver the balance of said wood on plaintiff’s demand; that by reason of the breach of the contract, plaintiff was damaged…
2Cases cited1 opinion
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
3Cited by1 opinion
- Farris v. Farmington Production Credit Ass'n (In Re Farris)United States Bankruptcy Court, E.D. Missouri · 1984