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Embry v. McKittrick: Difference between revisions
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Lost Student (talk | contribs) (Created page with "'''Facts''': Plaintiff was an employee of Defendant under a written contract that expired December 15, 1903. Plaintiff says that on December 23, 1903, a new contract was created,...") |
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{{Infobox Case Brief | |||
|court=Missouri Court of Appeals | |||
|citation=127 Mo. App. 383, 105 S.W. 777 | |||
|date=November 5, 1907 | |||
|subject=Contracts | |||
|facts=*Hargadine, McKittrick Dry Goods Co. = "McKittrick" = defendant = employer | |||
*Mr. Embry = "Embry" = plaintiff = employee | |||
*Embry was an employee of McKittrick under a written contract that expired December 15, 1903. | |||
' | Embry's job was to select samples for the sales staff of McKittrick. | ||
Embry says that on December 23, 1903, a new contract was created, hiring him for one more year. McKittrick says that no such contract was created. | |||
Embry had a 1-year employment contract with McKittrick for $2,000/year. | |||
Plaintiff was let go by McKittrick in March 1904. The supposed renewal of a contract was only verbal between McKittrick and Embry. | |||
|procedural_history=St. Louis Circuit Court found for McKittrick. | |||
Embry appealed. | |||
|issues=Are words that lead a reasonable person to infer intent to enter into a binding contract sufficient to create a valid contract? | |||
|arguments=Plaintiff (Embry) says that his boss (McKittrick) agreed to a year-long contract. | |||
''' | McKittrick argues that there was no such contract. | ||
|holding=Yes. Words that lead a reasonable person to infer intent to enter into a binding contract are sufficient to create a valid contract. | |||
|judgment=Reversed. | |||
|reasons=Generally, there must be a "meeting of the minds" for a contract to be validly formed by both sides, but not always. As long as the words used were sufficient to constitute a contract, there is a contract. | |||
|rule=[https://www.quimbee.com/keyterms/intent-to-be-bound Intent to be bound] | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |||
|link=https://www.quimbee.com/cases/embry-v-hargadine-mckittrick-dry-goods-co | |||
|source_type=Video summary | |||
|case_text_source=Quimbee | |||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://case-law.vlex.com/vid/embry-v-hargadine-mckittrick-899834918 | |||
|case_text_source=v lex | |||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://courtroomcast.lexisnexis.com/acf_cases/8559-embry-v-hargadine-mckittrick-dry-goods-co- | |||
|case_text_source=LexisNexis | |||
}} | |||
}} | |||
'''Holding''': There was a contract. |
Latest revision as of 15:28, October 11, 2023
Embry v. McKittrick | |
Court | Missouri Court of Appeals |
---|---|
Citation | 127 Mo. App. 383, 105 S.W. 777 |
Date decided | November 5, 1907 |
Facts
- Hargadine, McKittrick Dry Goods Co. = "McKittrick" = defendant = employer
- Mr. Embry = "Embry" = plaintiff = employee
- Embry was an employee of McKittrick under a written contract that expired December 15, 1903.
Embry's job was to select samples for the sales staff of McKittrick.
Embry says that on December 23, 1903, a new contract was created, hiring him for one more year. McKittrick says that no such contract was created.
Embry had a 1-year employment contract with McKittrick for $2,000/year.
Plaintiff was let go by McKittrick in March 1904. The supposed renewal of a contract was only verbal between McKittrick and Embry.Procedural History
St. Louis Circuit Court found for McKittrick.
Embry appealed.Issues
Are words that lead a reasonable person to infer intent to enter into a binding contract sufficient to create a valid contract?
Arguments
Plaintiff (Embry) says that his boss (McKittrick) agreed to a year-long contract.
McKittrick argues that there was no such contract.Holding
Yes. Words that lead a reasonable person to infer intent to enter into a binding contract are sufficient to create a valid contract.
Judgment
Reversed.
Reasons
Generally, there must be a "meeting of the minds" for a contract to be validly formed by both sides, but not always. As long as the words used were sufficient to constitute a contract, there is a contract.
Rule
Resources
Holding: There was a contract.