Viewing: Missouri Contract Cases

Missouri State Contract Cases 2012 (Part 15): Lost Profits and Constructive Eviction

In an action for fraudulent misrepresentation, the Missouri Court of Appeals, Western District affirmed the trial court's grant of summary judgment in favor of the defendant, concluding that the plaintiff, a coal company, was unable to prove damages for lost profits. Lost profits are generally not recoverable as damages, because they are too speculative; however, […] Read More

Non-Competes in Missouri

The Missouri Supreme Court decided an important case a few months ago involving non-competition and non-solicitation provisions in employment agreements. In Whelan Security Co. v. Kennebrew, the Supreme Court enforced a non-competition agreement and modified non-solicitation agreements against out-of-state former employees. My labor and employment colleague, Gerry Richardson, wrote a blog post about the Whelan […] Read More

Missouri State Contract Cases 2012 (Part 14): Personal Guarantee and the Voluntary Payment Doctrine

The Missouri Court of Appeals, Western District reversed the trial court's grant of summary judgment in favor of Lafarge North America in its claim against Miller, the sole owner of a limited liability company, holding that material facts were in dispute as to whether Miller had agreed to personally guarantee Tiger's obligations. An employee of […] Read More

Missouri State Contract Cases 2012 (Part 13): Lost Profits, Punitive Damages, and Malicious Prosecution

The Missouri Supreme Court held that the plaintiffs -- trash haulers -- weren't entitled to relief from the county's actions based on an implied-in-law contract theory, as the intermediate appellate court had held, because the county hadn't received a benefit from the haulers. ("The essential elements of quasi-contract are: (1) a benefit conferred upon the […] Read More

Missouri State Contract Cases 2012 (Part 12): Arbitration Agency and Broker Negligence

In this case, Truman Bank's debtor, a marina, suffered storm damage, repaired the damage using insurance proceeds, later sold the marina, and paid off the bank debt. The bank sued because the insurance company failed to pay the bank directly as a loss payee, seeking a second payment as well as statutory damages for vexatious […] Read More

Missouri State Contract Cases 2012 (Part 11): Assignment of Legal Malpractice Claims and Insurance Policy Ambiguity

Reversing the trial court, the Missouri Court of Appeals, Western District held that a real estate broker's commission was earned when the landlord and tenant entered a binding agreement setting out a resolution process for determining price, although the process wasn't completed until after expiration of the broker agreement. The Missouri Court of Appeals, Eastern […] Read More

Missouri State Contract Cases 2012 (Part 10): Escrow and Collateral Estoppel

Preferred Land Title agreed to act as an escrow agent under a real estate purchase agreement, although there was no written escrow agreement. The buyer delivered an earnest money deposit check to the title company, and the title company informed the seller that it had received the check and would deposit it that business day. […] Read More

Missouri State Contract Cases 2012 (Part 09): Personal Guarantee, Rescission, and TCPA

In a case involving two uninsured motorist policies, the Missouri Court of Appeals, Eastern District held that a State Farm policy provided coverage only to the extent that its policy limits exceeded the primary underinsured motorist coverage. Two provisions in the policy were at issue. One read, The most we pay will be the lesser […] Read More

Missouri State Contract Cases 2012 (Part 08): Arbitration, Quantum Meruit, and Action on Account

In this case that I discuss in Arbitration Might Just Be the Most Exciting Area of Contract Law, the Missouri Court of Appeals, Western District held that a merger clause in an installment contract precluded a separately-signed arbitration agreement from being effective. In a dispute among law firms over splitting attorneys' fees in a successful […] Read More

Arbitration Might Just Be the Most Exciting Area of Contract Law

Most areas of contract law change very little over time. When a new way of doing business comes along, the law might take a while to figure out how to deal with it, but eventually a consensus approach (or two) is adopted by the courts, and things hum along once again. An example during my […] Read More

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