Embry v. Hargadine, McKittrick Dry Goods Co.
St. Louis Court of Appeals, Missouri
105 S.W. 777 (1907)
As his one-year written employment contract was expiring, Embry (plaintiff) claimed he told the company president McKittrick he would leave unless reemployed, and that McKittrick responded by telling him to go about his business without worry — a statement Embry took as reemployment for another year — while McKittrick denied giving that assurance and claimed he only said the contract matter would be addressed later; Embry was terminated about two months afterward, and the jury, instructed that a contract required proof both that the conversation occurred as Embry described and that the parties actually intended to form a contract by it, found for McKittrick.
Whether, regardless of the parties' subjective or actual intent, if a reasonable man could infer from their conduct intent to enter into a binding and enforceable contract, a binding and enforceable contract is presumed to exist.