Summary
Plaintiffs sued for breach of an alleged oral agreement to purchase the defendant's insurance business. The trial court dismissed the petition for failure to state a claim, reasoning that the parties had contemplated a later written contract. The Missouri Court of Appeals held that the petition sufficiently alleged a present binding agreement and reversed and remanded, leaving the parties' intent for determination based on the evidence.
Holdings
- The petition stated a cause of action for breach of contract and should not have been dismissed for failure to state a claim.
- The parties' intent concerning whether they were bound by the oral agreement, the unsigned writing, or only a formally executed contract was a factual matter to be resolved through proof, not a basis for dismissal of the petition.
Questions Presented
- Whether the petition adequately stated a claim for breach of contract based on an alleged oral agreement and an unsigned written memorial.
- Whether the parties' intention to be bound immediately by the oral agreement, by the unsigned writing, or only by a later signed formal contract was a factual issue that precluded dismissal at the pleading stage.
Disposition
reversed_and_remanded
Cases Cited (12)
- Brennaman v. Andes & Roberts Brothers Construction Co., 506 S.W.2d 462, 463(2) (Mo. App. 1974)(followed)
- Matthews v. Ledbetter, 573 S.W.2d 725, 726(1) (Mo. App. 1978)(followed)
- Irby v. St. Louis County Cab Co., 560 S.W.2d 392, 394(1) (Mo. App. 1977)(followed)
- Priest v. Oehler, 328 Mo. 590, 600-601, 41 S.W.2d 783, 787[2-4] (1931)(followed)
- Shapleigh Inv. Co. v. Miller, 193 S.W.2d 931, 937[4] (Mo. App. 1946)(followed)
- Frank Horton & Company v. Cook Electric Company, 356 F.2d 485, 490[2] (7th Cir. 1966), cert. denied, 384 U.S. 952, 86 S. Ct. 1572, 16 L. Ed. 2d 548(followed)
- Sanders v. DeWitt, 579 S.W.2d 707, 711[1] (Mo. App. 1979)(followed)
- Hunt v. Dallmeyer, 517 S.W.2d 720, 724[9] (Mo. App. 1974)(followed)
- Welch v. Hyatt, 578 S.W.2d 905, 912 (Mo. banc 1979)(followed)
- Thomas v. Fitch, 435 S.W.2d 703, 709[9, 10] (Mo. App. 1968)(followed)
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Cited In (0)
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Court Document
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