Legal Opinion

Arnold v. Cason

Missouri Court of Appeals

Decided June 10, 1902PublishedCited by 3 opinions

Appeal from Lewis Circuit Court. — Hon. Edwin R. McKee, Judge. There was no contract made, and there is a complete failure of proof to sustain defendants’ allegations in their answer in regard thereto. Brewington v. Mesker, 51 Mo. App. 348; Eobinson and Ferral v. Estes, 53 Mo.

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Appeal from Lewis Circuit Court. — Hon. Edwin R. McKee, Judge. There was no contract made, and there is a complete failure of proof to sustain defendants’ allegations in their answer in regard thereto. Brewington v. Mesker, 51 Mo. App. 348; Eobinson and Ferral v. Estes, 53 Mo. App. 582; Creen v. Cole, 103 Mo. 70. (1) A proposition or offer made on one side becomes a contract as soon as it is accepted on the •other side, and notice of such acceptance is given by words or other appropriate act, which binds the party accepting. Allen v. Chouteau, 102 Mo.. 309; Lungstrass v. Ins. Co., 48 Mo. 201;…

1Opinion of the CourtBarclay, J.

This appeal is from a judgment in favor of plaintiffs for $70.83. Plaintiffs appeal, •claiming that the judgment should have been for about one hundred dollars more.

Plaintiffs are a firm of lumber dealers as Arnold & Company, composed of Messrs. James D. Arnold and William L. Arnold, Jr. Defendants are Mr. Edward N. Cason and the Lewis County Exchange Bank. The action is to enforce a payment of a claim for lumber which plaintiffs furnished to defendant, Mr. *429Cason, and which was used in the construction of a building owned by his co-defendant, the bank.

The demand of plaintiffs is presented…

2Cases cited2 opinions

  1. Scott v. DavisSupreme Court of Missouri · 1897
  2. Northam v. GordonCalifornia Supreme Court · 1873

3Cited by3 opinions

  1. Gaus & Sons Manufacturing Co. v. Chicago Lumber & Coal Co.Missouri Court of Appeals · 1905
  2. Sundmacher v. LloydMissouri Court of Appeals · 1905
  3. Smith v. WilliamsMissouri Court of Appeals · 1907

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