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Contracts Keyed to Kunz
Howard Construction Co. v. Jeff-Cole Quarries, Inc.
Citation:669 S.W.2d 221 (Mo. Ct. App. 1983)
Plaintiff Howard Construction was awarded a contract to construct a portion of Missouri Highway 54 and sought to purchase asphaltic rock for this project. Before being awarded the state contract, plaintiff received a typewritten “proposal” from defendant which listed descriptions, quantities and prices of rock types needed for the project. After being awarded the construction project, plaintiff’s superintendent Glenn Moore met with Harry Adrian at defendant company and allegedly reached an oral agreement for the purchase of asphaltic rock and afterwards Glenn Moore altered the typewritten prices (allegedly to reflect the agreed upon prices). The parties are in dispute as to whether an agreement was reached but plaintiff later sent defendant a purchase form.
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