Howard Construction Co. v. Jeff-Cole Quarries, Inc.
Missouri Court of Appeals
669 S.W.2d 221 (Mo. Ct. App. 1983)
Jeff-Cole Quarries, Inc. (Jeff-Cole) (defendant) sent Howard Construction Co. (Howard) (plaintiff) a typed proposal for the sale of asphaltic rock. Harry Adrian, the president of Jeff-Cole, signed the proposal. Subsequently, Glenn Moore, the superintendent of Howard, met with Adrian to discuss the proposal. Evidence presented at trial indicated that the men may have reached an oral agreement at the meeting, and that Moore altered the proposal with handwritten changes to reflect that oral agreement. Adrian did not re-sign the proposal after the changes were made. After the meeting, Howard sent Jeff-Cole a purchase order with essentially the same terms as the altered proposal. Jeff-Cole never fulfilled the order. Howard brought suit against Jeff-Cole for breach of contract. Jeff-Cole moved for summary judgment on the grounds that the altered proposal did not constitute a binding contract on account of the statute of frauds. The trial court granted the motion. Howard appealed.
Rule of Law
Holding and Reasoning (Nugent, J.)
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