Contracts: Breach Of Contract – Student Loan – Exclusion Of Evidence

Where an educational loan company claimed that a trial court erred in a breach of contract case by sustaining objections to testimony about the company’s business relationship with a bank in connection with a student loan, the issue of assignment was not particularly pleaded, the petition was sufficient to state a cause of action for breach of contract, and the company should have been given an opportunity at trial, by introducing evidence relating to the assignment, to prove its ownership interest in the promissory note at issue.

Judgment is reversed and remanded.

Educap, Inc. v. Smith (MLW No. 63420/Case No. SD31102 – 10 pages) (Missouri Court of Appeals, Southern District, per curiam) Appealed from circuit court, Pulaski County, Long, J. (Michael D. Mayes for appellant) (Jeffrey Thomas for respondent).

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