Bourne v. Shapleigh
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. A contract can be made by letters, and all letters of a correspondence relating to the same subject-matter are to be taken together in arriving at the intention of the parties. — Story on Con., sect. 386, and cases cited ; Esmey v. Gerton, 18 111. 483 ; Vernander v. Oodd, Turn. &B. 352. And these letters are to be construed the same as a formal agreement.— Kennedy v. Lee, 3 Mer. 441; 1 Greenl. on Ev., sect. 268, and cases…
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Appeal from the St. Louis Circuit Court, Thayer, J. A contract can be made by letters, and all letters of a correspondence relating to the same subject-matter are to be taken together in arriving at the intention of the parties. — Story on Con., sect. 386, and cases cited ; Esmey v. Gerton, 18 111. 483 ; Vernander v. Oodd, Turn. &B. 352. And these letters are to be construed the same as a formal agreement.— Kennedy v. Lee, 3 Mer. 441; 1 Greenl. on Ev., sect. 268, and cases cited. If there is an absolute proposal and acceptance of a distinct proposition in the letters, the contract is binding,…
1Opinion of the CourtBakewell, J.
This was an action for damages for breach of a contract of sale of a patent-right. The defendants deny that any contract was made. The cause was tried without a jury, and there was a finding and judgment for defendants.
Evidence was introduced tending to show that plaintiffs had a right to manufacture and sell a can-opener, under letters patent issued to one Seymour. Defendants were making and selling a can-opener, which plaintiffs regarded as an infringement. In 1868, a member of plaintiffs’ firm had a conversation with some member of defendants’ firm on the subject, and after his return to…
2Cited by5 opinions
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- Irish v. PulliamNebraska Supreme Court · 1891
- Finley v. Asphalt Paving Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- T. C. Bottom Produce Co. v. OlsenMissouri Court of Appeals · 1915
- Williams v. BurdickOregon Supreme Court · 1912