Gale v. J. Kennard & Sons Carpet Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. George R. Shields, Judge. (1) Defendant’s demurrers to the evidence should have been sustained. As to the first count: (a) There was no express contract as pleaded. Plaintiff’s letter of November 5, 1909, even though the defendant had actually written upon it the words “ Accepted for one year,” was too indefinite and uncertain to constitute a contract.
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Appeal from St. Louis City Circuit Court. — Ron. George R. Shields, Judge. (1) Defendant’s demurrers to the evidence should have been sustained. As to the first count: (a) There was no express contract as pleaded. Plaintiff’s letter of November 5, 1909, even though the defendant had actually written upon it the words “ Accepted for one year,” was too indefinite and uncertain to constitute a contract. No figure as to compensation was named either in that letter or in the February conversation relied on, or in any intervening communication, nor was any mention made of any one of numerous other…
1Opinion of the CourtAllen, J.
This is an action to recover the sum of $2050 and interest, claimed to be the balance due plaintiff for services rendered the defendant corporation in the capacity of manager of a “department” of defendant’s mercantile business, conducted in the city of St. Louis. A trial before the court and a jury resulted in a verdict and judgment for plaintiff for the amount of his claim, and the case is here upon defendant’s appeal.
The petition contains two counts. The first of these is based upon an alleged express contract of employment for a term of one year from December 1, 1909 to November 30, 1910,…
2Cases cited9 opinions
- Fisher & Co. Real Estate Co. v. Staed Realty Co.Supreme Court of Missouri · 1901
- Brewington v. MeskerMissouri Court of Appeals · 1892
- Embry v. HargadineMissouri Court of Appeals · 1907
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Olive Street Bank v. PhillipsMissouri Court of Appeals · 1913
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3Cited by1 opinion
- West v. AnkneyPaulding County Court of Common Pleas · 1956