Logourl black
From our private database of 14,200+ case briefs...

Howard Construction Co. v. Jeff-Cole Quarries, Inc.

Missouri Court of Appeals
669 S.W.2d 221 (Mo. Ct. App. 1983)


Facts

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

Issue

Holding and Reasoning (Nugent, 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 97,000 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 236,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.