Legal Opinion

Sunbury v. Aaron

Missouri Court of Appeals

Decided February 1, 1909PublishedCited by 4 opinions

Appeal from Jackson Circnit Court. — No». Thomas J. Beehorn, Judge. (1) Where the parties make the reduction of the contract to writing and its signature by them, a condition precedent to its completion, it will not be a contract until that is done; and this is true although all the terms of the contract have been agreed upon. Eads v. Carondelet, 12 Mo. 113. (2) The draft of the contract prepared by defendant was the proposal.

Read the full summary

Appeal from Jackson Circnit Court. — No». Thomas J. Beehorn, Judge. (1) Where the parties make the reduction of the contract to writing and its signature by them, a condition precedent to its completion, it will not be a contract until that is done; and this is true although all the terms of the contract have been agreed upon. Eads v. Carondelet, 12 Mo. 113. (2) The draft of the contract prepared by defendant was the proposal. It contained the condition that it must be signed and returned at once. This condition not having been complied with by the plaintiff, there was, therefore, no…

1Opinion of the CourtJohnson, J.

Action on a contract brought before a justice of the peace. A jury was waived in the circuit court, where the cause was tried on appeal, and judgment was rendered for plaintiff in the sum of $65.38. Defendant appealed.

In 1904, plaintiff lived in Hutchinson, Kansas, and was the sole owner of the hunting privileges on certain lakes and marshes Avest of Hutchinson. Defendant lived in Kansas City and Avas a dealer in poultry and game. It is alleged in the statement filed with the justice that on or about September 17, 1904, plaintiff and defendant entered into a written contract by the terms of…

2Cases cited2 opinions

  1. American Publishing & Engraving Co. v. WalkerMissouri Court of Appeals · 1901
  2. Stone v. PennockMissouri Court of Appeals · 1888

3Cited by4 opinions

  1. Brandt v. BeebeMissouri Court of Appeals · 1959
  2. Leonard v. BennettMissouri Court of Appeals · 1984
  3. General Accident & Life Insurance v. Owen Building Co.Missouri Court of Appeals · 1917
  4. Gerald T. Dixon, Jr., L.L.C. v. Hassell & FolkesSupreme Court of Virginia · 2012

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API