Laclede Construction Co. V. T. J. Moss Tie Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Jno. A. Tatty,, Judge. (1) If A is engaged in a business requiring the use of a certain commodity, and thereupon B agrees to sell and deliver to A for a price named all of such ■commodity “needed” by A during a certain period, and A accepts such proposition, a contract is thereby formed, which is not unilateral, but is binding upon hoth of the parties thereto. Laclede Const.
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Appeal from St. Louis City Circuit Court.— Hon. Jno. A. Tatty,, Judge. (1) If A is engaged in a business requiring the use of a certain commodity, and thereupon B agrees to sell and deliver to A for a price named all of such ■commodity “needed” by A during a certain period, and A accepts such proposition, a contract is thereby formed, which is not unilateral, but is binding upon hoth of the parties thereto. Laclede Const. Co. v. Tudor Iron Works (Mo.), 69* S. W. 389; Wells v. Alexandre, 130 N. T. 642; Smith v. Morse, 20 La. 220; Manhattan ■Oil (1) For the purpose of this appeal, all disputed'…
1Opinion of the CourtGantt, P. J.
This is an appeal by the plaintiff in the above-entitled cause from a judgment of the circuit court of the city of St. Louis in favor of the defendant.
A jury was waived and the __ cause tried by the court. The petition alleges that the plaintiff is a corporation under the laws of Missouri for the purpose of building railroads and furnishing and laying ties thereon, and the defendant is a corporation under the laws of Missouri for the purpose of buying, selling and furnishing railroad ties. That on October 31, 1898, the defendant in writing, filed with the petition, sold and agreed to deliver…
2Cases cited11 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Keller v. WebbMassachusetts Supreme Judicial Court · 1878
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3Cited by31 opinions
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- Jernigan v. New Amsterdam Casualty CompanyNew Mexico Supreme Court · 1961
- Tennant v. WildeCalifornia Court of Appeal · 1929
- Missouri Service Co. v. City of StanberrySupreme Court of Missouri · 1937
- Mathieson Alkali Works v. Virginia Banner Coal Corp.Supreme Court of Virginia · 1927
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