Embry v. Hargadine, McKittrick Dry Goods Co.
127 Mo.App. 383, 105 S.W. 777.
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.