Thornton v. Pasch
| Decision Date | 14 July 1943 |
| Docket Number | 6600 |
| Citation | 104 Utah 313,139 P.2d 1002 |
| Court | Utah Supreme Court |
| Parties | THORNTON v. PASCH et al |
Appeal from District Court Second District, Weber County; L. V Trueman, Judge.
Action by Vern Thornton against A. F. Pasch and Robert Rider, doing business under the name and style of Pasch & Rider co-partners, for breach of contract. From an adverse judgment, plaintiff appeals.
Reversed and remanded for new trial.
Thatcher & Young, of Ogden, for appellant.
George H. Lowe, of Ogden, for respondents.
Plaintiff, Thornton, brought this action to recover damages for breach of contract. On the trial at the close of plaintiff's case, the court took the case from the jury and granted defendants' motion for a nonsuit on the grounds that there was no evidence that a contract had been entered into and that there was no evidence that plaintiff had sustained damages. Plaintiff appeals.
Plaintiff's evidence tended to show the following facts: The defendants were in the roofing business, and plaintiff was a trucker. Early in May, 1942, the defendant Pasch asked plaintiff if he would like to make a bid on the hauling of roofing for about 2,000 defense homes, stating that it would amount to about 100 carloads of 30 tons each. The next day plaintiff went to Pasch's office to make his bid, and at the suggestion of Pasch, he wrote it out on a scratch pad. He gave it to Pasch who said he would take it up with his partner and let him know soon. About a week or ten days later Pasch told plaintiff's wife over the telephone that they had a contract for her husband to sign and asked her to have him come in and sign it as soon as possible. In response to this call plaintiff called at Pasch's office and examined the document which was prepared for his signature. He did not sign it then, but did sign it the next day when Pasch was present, after a short discussion which resulted in some additions. The original was left with Pasch and plaintiff received a copy, but neither the original or the copy was ever signed by defendants. This document reads as follows:
After the document was signed, plaintiff asked Pasch when the work would be ready, and was told about May 26th. Later plaintiff sublet the job to one Louis Arave for 85c per ton, or 40c per ton less than plaintiff was to receive. About May 26th, plaintiff called Pasch on the phone and was told that they had decided to do the hauling themselves. Plaintiff brought this action to recover damages for breach of contract. Defendants by their answer denied the existence of any contract.
We will first consider whether the evidence was sufficient to go to the jury on the question of whether a contract had been entered into. It is clear that the instrument signed by plaintiff was at least an offer to do the work in question in accordance with its terms but before it could become a binding contract the defendants would have to accept the same or assent to its terms. This the defendants might have done by a written or oral statement to that effect. If the defendants had made such a statement the meaning of which was ambiguous, the interpretation thereof would have been a question of law for the court. Plaintiff does not rely on any such statement, but does rely on a series of acts and circumstances which he claims are a manifestation of defendants' assent to and acceptance of plaintiff's offer. In other words plaintiff attempts to prove acceptance of and assent to his offer by circumstantial evidence.
It is a well recognized rule of law that where a contract is not required to be in writing, mutual assent or the meeting of the minds may be proved by words spoken as well...
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Calo, Inc. v. AMF Pinspotters, Inc.
...motion to strike, all the allegations of fact well pleaded in the statement of claim must be considered to be true. In Thornton v. Pasch, 104 Utah 313, 139 P.2d 1002, 1003, the court says: 'The question of whether defendants did accept or assent to the plaintiff's offer is a question of fac......
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O'Hara v. Hall, 16820
...Honolulu Star-Bulletin, 44 Hawaii 567, 356 P.2d 651 (1960); Megarry Brothers v. United States (8th Cir. 1968), 404 F.2d 479.5 104 Utah 313, 139 P.2d 1002 (1943).6 Utah, 560 P.2d 1129 (1977).7 71 Wis.2d 17, 236 N.W.2d 663 (1976); cf. Interocean Shipping Company v. National Shipping and Tradi......
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Terry v. Panek, 17128
...evidence upon which a court awards damages is sparse is no reason to deny all recovery for a wrong. For example, in Thornton v. Pasch, 104 Utah 313, 317, 139 P.2d 1002 (1943), this Court found that an admission that a construction project would require 1,230 tons of roofing material to cove......
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Radley v. Smith, 8555
...v. E. M. Royle Corp., 1 Utah 2d 175, 264 P.2d 279; Morris v. Russell, 120 Utah 545, 236 P.2d 451, 26 A.L.R.2d 947.3 Thornton v. Pasch, 104 Utah 313, 139 P.2d 1002; Gleason v. Salt Lake City, 94 Utah 1, 74 P.2d 1225; DeBritz v. Sylvia, 21 Wash.2d 317, 150 P.2d 978; Restatement of Contracts, ......