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

669 S.W.2d 221 (Mo. Ct. App. 1983)

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Nature of the Case

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Facts

P was the successful bidder on a Highway Department project. Before P was awarded the contract, it received from D which listed descriptions, quantities, and prices on types of rock needed for the project. P was awarded the contract. Within a few weeks after the bid letting, P met with D. P contends that Glenn Moore and Harry Adrian reached an oral agreement at the meeting and that Glenn Moore altered the typewritten prices on the proposal in his own handwriting to reflect the agreement that was reached. D denies that any agreement was ever reached in those discussions. On January 12, 1973, P mailed a purchase order to D. It contained essentially the same items, quantities, and prices listed on the altered proposal. The only other written document is a formal contract dated June 12, 1973, for the sale of base rock signed by agents of both parties. The subject matter of the contract is a base rock, and the contract does not refer to any of the other types of rock which the proposal and the purchase order listed. Eventually, P brought suit for breach of contract. D invoked the statute of frauds. P appealed a holding for D.