Section 1.4 Generally

• Library: Contracts 2016 Supp

1. (§1.4) Generally

There is no contract unless the parties have agreed on the promise. Dobbins v. City Bond & Mortgage Co., 124 S.W.2d 1111 (Mo. 1938). This agreement or “meeting of the minds” is not subjective but rather depends on the parties’ objective manifestations. McClintock v. Skelly Oil Co., 114 S.W.2d 181 (Mo. App. W.D. 1938). “The meeting of the minds, which is essential to the formation of a contract, is not determined by the secret intentions of the parties but by their expressed intention, which may be wholly at variance with the former.” Brewington v. Mesker, 51 Mo. App. 348, 356 (E.D. 1892). If the offeree is
aware that the offeror has misspoken or has otherwise made a
mistake, the offeree should know that the offeror’s statement
or act is not a manifestation of actual intent, and...