Plaintiff hired defendant to develop a website for plaintiff. The parties soon engaged in litigation regarding fundamental disagreements about the terms of the contract. A jury returned a verdict in favor of defendant on its claims for breach, unjust enrichment ...

Tagged with: Breach Limitation Of Liability Misappropriation of Trade Secrets

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 ...

Tagged with: Breach Measure of Damages

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 ...

Tagged with: Breach Magnuson Moss Warranty Act

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, ...

Tagged with: Breach Commission Agreement

Where appellant challenged a judgment against him for breach of a promissory note executed, the trial court did not err because the note and related testimony were neither logically nor legally relevant and lacked probative value regarding a material issue. ...

Tagged with: Breach Promissory Note Relevance of Evidence

Plaintiffs filed suit against defendants. During the pendency of the action, plaintiffs moved for appointment of a receiver. Although the motion was granted, no receiver was appointed. The case proceeded to a jury trial, where plaintiffs received judgment in their ...

Tagged with: Appointment of Receiver Breach

The parties entered a contract for defendant to provide pharmacy services for residents of the Missouri Veterans Home; the contract provided that the state, in its sole discretion, could renew the contract on a yearly basis. Defendant declined to perform ...

Tagged with: Breach State Contract

Plaintiff filed suit against defendant, alleging that its representations in its sale of a billboard to plaintiff had been false, asserting claims of breach and negligent misrepresentation. A jury returned a verdict in favor of plaintiff. On appeal, defendant argued ...

Tagged with: Breach Exclusion of Expert Testimony negligent misrepresentation

Plaintiff sued defendant for breach of a loan agreement. The district court entered summary judgment for defendant. Defendant moved for reimbursement of its attorneys’ fees under the parties’ agreement, but the district court denied the motion. Where the parties’ agreement ...

Tagged with: Breach Loan Agreement Reimbursement of Attorneys’ Fees

Defendant appealed the judgment ordering it to pay damages to plaintiff for breach of contract. On appeal, defendant argued that the trial court applied the wrong measure of damages to plaintiff’s claim. Where defendant had contracted with plaintiff, not with ...

Tagged with: Breach Calculation of Damages

The district court entered judgment for plaintiff on its breach-of-contract claim. On appeal, defendant argued that the district court erred by ruling that defendant’s bid package was incorporated into the parties’ contract. Although defendant’s bid package was not incorporated into ...

Tagged with: Breach Incorporation of Bid Package Usage-of-Trade Evidence