Embry v. Hargadine, McKittrick Dry Goods Co.

Court of Appeals, Missouri, 1907.

127 Mo.App. 383, 105 S.W. 777.

Dawson, pp. 325-328


Facts: The plaintiff was employed by the defendant.His employment contract was about to expire.He went to his boss and threatened to quit if he didnít get a new contract.The defendant said something that the plaintiff took to mean that the defendant agreed to reemploy the plaintiff for another year.The plaintiff was fired in less than a year, and he sued.The defendant won at trial, and the plaintiff appealed.


Issue: Did the bossís words form a contract?


Rule: If a reasonable person would have taken a partyís words to constitute assent to the formation of a contract, then that contract will be enforceable.


Analysis: The court finds that it is a matter of law whether or not the bossís words could be understood by a reasonable person as agreeing to form a contract.The court goes over the version of the events given by the plaintiff and says that if that version of events is true, the bossís words would constitute assent to a valid contract of reemployment.


Conclusion: The judgment is reversed and remanded.


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