Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Cash v. Benward

Missouri Court of Appeals
873 S.W.2d 913 (1994)


David Cash (plaintiff) was in the National Guard. Vicki Benward (defendant) was Cash’s unit clerk. Benward’s supervisor was James Sisk (defendant). While Cash was at a monthly drill in August or September, Benward gave him a private company’s brochure for spousal life insurance. A spousal life insurance policy would pay benefits to Cash if his wife died. Cash did not realize that the insurance was unassociated with the National Guard. Cash asked Benward how to get one of the insurance policies. Benward told Cash to fill out the form and send it to her with a check for the first premium, saying she would send it on to the company. Cash did so, but his check never cleared. During the November drill, Cash asked Benward and Sisk about his application and check. Benward said she knew nothing. Sisk said that Benward had thrown out Cash’s application, but that Sisk would give Cash a new application in December. Cash agreed to wait until then. At the December drill, Sisk gave Cash a new application and told Cash that Cash was responsible for completing the application himself. Tragically, Cash’s wife got sick that night and died before Cash got the insurance. Cash sued Benward and Sisk for breach of contract. The trial court granted summary judgment for Benward and Sisk on the basis that there was no consideration or mutual obligation to create a contract. Cash appealed.

Rule of Law


Holding and Reasoning (Ulrich, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial