R. J. Daum Const. Co. v. Child Et Al‪.‬

WADE, Justice. Was there evidence from which it could reasonably be found that there was a meeting of the minds, thence a binding contract, is the question which this appeal presents. The trial court held as a matter of law that appellant did not accept respondents bid and dismissed appellants action. Plaintiff R. J. Daum Construction Company appeals. The dismissal was ordered at the pre-trial conference, after the parties had stipulated all of the evidence bearing on that question and each side had moved for a judgment in its favor on that question, appellant moved for a holding as a matter of law that there was a meeting of the minds and therefore a contract, and that only the amount of damages be submitted to a jury, and respondents moved for a dismissal of the action on the ground that as a matter of law the evidence showed no meeting of the minds. Though this motion was not expressly so designated, it was really a motion for a summary judgment under Rule 56(c), Rules of Civil Procedure so unless there is no genuine issue as to any material fact and respondent is entitled to a judgment as a matter of law the decision must be reversed. If there was evidence from which it would be reasonable to find that there was a meeting of the minds, the decision cannot be sustained.