Contracts : Joint Venture Agreement – Termination Date – Equitable Estoppel

Even though a joint venture agreement did not specify a termination date, the agreement was not terminable at will because the agreement must be construed along with a lease referenced by it, so the agreement should be construed to be co-extensive with the term of the lease, and the defendants’ conclusory statement did not meet the pleading requirements for an affirmative defense of equitable estoppel, so summary judgment for the defendants in the breach-of-contract case is reversed.

Judgment is reversed and remanded.

Ditto, Incorporated v. Davids (MLW No. 67112/Case No. WD77297 – 28 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Kanatzar, J. (Stephen B. Millin Jr., Kansas City, Missouri, for appellant) (Scott R. Ast and Michele F. Sutton, Kansas City, Missouri, for respondent).

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