Strong & Trowbridge Co. v. H. Baars & Co.
Supreme Court of Florida
This case was decided by Division B. Writ of error to the Circuit Court for Escambia County. Statement. The plaintiff in error as plaintiff below brought a suit in the circuit court of Escambia county for damages for the alleged breach of two contracts for the sale of certain lumber.
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This case was decided by Division B. Writ of error to the Circuit Court for Escambia County. Statement. The plaintiff in error as plaintiff below brought a suit in the circuit court of Escambia county for damages for the alleged breach of two contracts for the sale of certain lumber. A large number of questions are presented, but they are all subsidiary to the main question whether the evidence which is all in the form of telegrams and letters establishes the contracts upon which the two counts of the declaration are based. The first amended) count of the declaration is as follows: “For that,…
1Opinion of the Court
Parkhill, J.,
(after stating the facts.)
In order to create a contract, it is essential that there should be a reciprocal assent to a certain and definite proposition. So long as any essential matters are left open for further consideration, the contract is not complete, and the minds, of the parties must assent to the same thing in the same sense. 1 Story on Contracts, section 490; Etheredge v. Barkley, 25 Fla., 814, 6 South. Rep., 861.
In the making of a valid contract, the parties must not only be capable of an intelligent assent, but they must actually give their assent; and the assent must…
2Cases cited2 opinions
- Hinote v. BrigmanSupreme Court of Florida · 1902
- Etheredge v. BarkleySupreme Court of Florida · 1889
3Cited by41 opinions
- Webster Lumber Co. v. LincolnSupreme Court of Florida · 1927
- Ross v. SavageSupreme Court of Florida · 1913
- Prescott v. Mutual Benefit Health and Accident Ass'n.Supreme Court of Florida · 1938
- In Re Estate of DonnerDistrict Court of Appeal of Florida · 1978
- Mann v. ThompsonDistrict Court of Appeal of Florida · 1958
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