Wilbur Stock Food Co. v. Bridges
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) The contract declared upon was created hy correspondence, if created at all. Hence, it must appear to sustain the action that the very terms offered hy the one party were accepted by the other. Union Service Co. v. Drug Co., 48 Mo. App. 336; Robinson v. Railroad, 75 Mo. 493; Strange v. Crowley, 91 Mo. 287; 1 Page on Contracts, 24; Cangas v. Mfg. Co., 37 Mo. App. 297; Batavia v. Railroad, 126 Mo.
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Appeal from Lawrence Circuit Court. — Hon. Carr McNatt, Judge. (1) The contract declared upon was created hy correspondence, if created at all. Hence, it must appear to sustain the action that the very terms offered hy the one party were accepted by the other. Union Service Co. v. Drug Co., 48 Mo. App. 336; Robinson v. Railroad, 75 Mo. 493; Strange v. Crowley, 91 Mo. 287; 1 Page on Contracts, 24; Cangas v. Mfg. Co., 37 Mo. App. 297; Batavia v. Railroad, 126 Mo. App. 13. (2) Retention of the hill of lading hy plaintiff was a retention of the title to and possession of the goods. Skilling v.…
1Opinion of the Court
NIXON, P. J. —
This was an action on an alleged contract whereby S. A. Bridges agreed to buy four pails of stock food or tonic of the respondent, a corporation organized and doing business under the laws of Wisconsin. The amount in involved is $14.25. It seems that .the defendant, S. A. Bridges, is a woman, and that the transaction was in fact with her son who signed her name to the “letter of acceptance” hereinafter referred to, but sheo makes no point on this. In the circuit court of Lawrence county the plaintiff prevailed and defendant has appealed. In the commencement of the correspondence…
2Cases cited8 opinions
- Brewington v. MeskerMissouri Court of Appeals · 1892
- Davis & Rankin v. HendrixMissouri Court of Appeals · 1894
- Haubelt Bros. v. Rea & Page Mill Co.Missouri Court of Appeals · 1899
- Union Service Co. v. Moffet-West Drug Co.Missouri Court of Appeals · 1910
- Coleman v. RobertsSupreme Court of Missouri · 1821
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3Cited by3 opinions
- Hughes & Thurman v. DoddMissouri Court of Appeals · 1912
- Woburn National Bank v. WoodsSupreme Court of New Hampshire · 1914
- Campbell v. SnoddyMissouri Court of Appeals · 1923