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Contract Law

Feb 3, 2020

Contracts: Internet Domain Name-Conversion Action

Defendant appealed from the judgment entered against them in plaintiffs’ conversion action, which concerned the internet domain name of a radio station owned by plaintiffs. Following the unauthorized sale of the domain name, plaintiff Missouri Ozarks Radio Network filed suit against defendants. Before judgment was entered, MORN successfully moved to add Central Ozarks Radio Network […]

Jan 17, 2020

Contracts: Royalty Interest-Overpayments-Fee-Shifting Provision

  Where plaintiff corporation sought to recover overpayments arising from a royalty interest paid in connection with a settlement agreement to the defendant, the court already had rejected the defendant’s lack-of-standing claim, and there was no dispute as to the amount of the overpayment, so the judgment is affirmed. Judgment is affirmed. Enerplus Resources Corporation […]

Jan 17, 2020

Contracts: Prescription Drug Benefit Plan-Arbitration Agreement -Class Action

Defendants appealed from the district court’s grant of summary judgment to plaintiff in the parties’ dispute involving their prescription drug benefit plan agreements, with plaintiff having filed suit to block defendants’ demand for class arbitration. The district court ruled that there was no contractual basis in the parties’ agreements for class arbitration. Where the parties’ [&hellip[...]

Nov 22, 2019

Contracts: Breach-Measure of Damages

Defendant appealed from the judgment entered against it following a bench trial in plaintiff’s breach-of-contract action. On appeal, defendant argued that the trial court applied the wrong measure of damages, arguing that the correct standard was cost of repair. Defendant further argued that the damages award was against the weight of the evidence because plaintiff […]

Nov 22, 2019

Contracts: Nonperformance-Spoliation-Parol Evidence

Where appellant, a software developer, challenged the rejection of its breach-of-contract claim in a dispute arising from a contract for the creation of a custom website for a real estate brokerage company, arguing that the trial court erred in denying its motion for adverse inference, the trial court did not err in applying the doctrine […]

Nov 18, 2019

Contracts: Landlord-Tenant Dispute-Airbnb Rental-Damages

Where a landlord terminated a tenant’s lease after the tenant received a municipal citation for violating an ordinance prohibiting subletting through the Airbnb short-term rental service, the landlord was not entitled to the proceeds of the rental activity under the terms of the lease or under Missouri law, and the landlord could not bring an […]

Nov 12, 2019

Contracts: Breach-Magnuson Moss Warranty Act

Defendant appealed from the judgment entered in favor of plaintiff, who had performed repairs on defendant’s truck, awarding plaintiff damages and denying defendant’s counterclaim under the Magnuson Moss Warranty Act. Where the jury heard evidence sufficient to find that plaintiff’s warranty for repairs did not extend to defendant’s vehicle’s subsequent rear-end problems, and where plain[...]

Nov 12, 2019

Contracts: Assignment of Mortgage Loans-Seller’s Duty to Repurchase-Foreclosed Loans

The parties cross-appealed from a magistrate’s ruling. Plaintiff had purchased numerous residential mortgage loans from defendant pursuant to an overarching agreement between the parties. After discovering problems with 12 loans it had purchased from defendant, plaintiff filed suit to force defendant to repurchase the loans pursuant to the parties’ agreement. The magistrate ruled that defendan[...]

Oct 18, 2019

Contracts: Commission Agreement-Breach

The parties executed a marketing/brokerage agreement under which defendant agreed to pay plaintiff commissions on beef products sold by defendant to restaurant customers listed in the agreement. Plaintiff filed a breach-of-contract suit. The trial court granted summary judgment to defendant, ruling that the agreement was for an indefinite period and therefore terminable at will and […]

Oct 14, 2019

Contracts: Breach of Contract-Labor Agreement

Where the Department of Corrections challenged a judgment granting partial summary judgment to class plaintiffs, who were corrections officers, in a dispute regarding the officers’ breach-of-contract claims arising from the compensability of their pre- and post-shift tasks, the disputed tasks were principal activities of employment and must be compensated under the FLSA, and the judgment [&helli[...]

Oct 14, 2019

Contracts: Action on Account-Payment Defense

Where appellant challenged the entry of judgment in favor of the respondent on a claim for action on account, the judgment described several bases for the judgment including that the appellant failed to establish the total value of services rendered on the account, which is an essential element, and that the respondent established the defense […]

Oct 7, 2019

Contracts: Specific Performance- Damages-Interest-Rate Increase

Where a trial court determined that a buyer in a sale of real property was entitled to specific  performance and the buyer claimed on appeal that he was entitled to damages due to the increase in interest rates available to complete the sale of the property, the court did not err in finding that a […]

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