Embry v. McKittrick

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Embry v. McKittrick
Court Missouri Court of Appeals
Citation 127 Mo. App. 383, 105 S.W. 777
Date decided November 5, 1907


  • Hargadine, McKittrick Dry Goods Co. = "McKittrick" = defendant = employer
  • Mr. Embry = "Embry" = plaintiff = employee
  • Embry was an employee of McKittrick under a written contract that expired December 15, 1903.

Embry's job was to select samples for the sales staff of McKittrick.

Embry says that on December 23, 1903, a new contract was created, hiring him for one more year. McKittrick says that no such contract was created.

Embry had a 1-year employment contract with McKittrick for $2,000/year.

Plaintiff was let go by McKittrick in March 1904. The supposed renewal of a contract was only verbal between McKittrick and Embry.

Procedural History

St. Louis Circuit Court found for McKittrick.

Embry appealed.


Are words that lead a reasonable person to infer intent to enter into a binding contract sufficient to create a valid contract?


Plaintiff (Embry) says that his boss (McKittrick) agreed to a year-long contract.

McKittrick argues that there was no such contract.


Yes. Words that lead a reasonable person to infer intent to enter into a binding contract are sufficient to create a valid contract.




Generally, there must be a "meeting of the minds" for a contract to be validly formed by both sides, but not always. As long as the words used were sufficient to constitute a contract, there is a contract.



Holding: There was a contract.