action on account

Wally & Co., LC v. Briarcliff Development Co.

Reversing the trial court, the Missouri Court of Appeals, Western District held that a real estate broker’s commission was earned when the landlord and tenant entered a binding agreement setting out a resolution process for determining price, although the process wasn’t completed until after expiration of the broker agreement.

Teasdale & Associates v. Richmond Heights Church of God in Christ

The Missouri Court of Appeals, Eastern District affirmed a judgment awarding Teasdale & Associates damages in an action on account. Teasdale, a law firm, had represented the church in a suit against the church and its pastor, James Hunt, in which certain of the church’s parishioners sought to enjoin Hunt from selling real property owned by the church. The church prevailed in the suit but refused to pay Teasdale’s legal fees under a fee agreement signed by Hunt individually and on behalf of the church as its president.

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Johnson v. JF Enterprises, LLC

In this case that I discuss in Arbitration Might Just Be the Most Exciting Area of Contract Law, the Missouri Court of Appeals, Western District held that a merger clause in an installment contract precluded a separately-signed arbitration agreement from being effective.

McCoy v. The Hershewe Law Firm, P.C.

In a dispute among law firms over splitting attorneys’ fees in a successful medical malpractice case, the Missouri Court of Appeals, Western District affirmed the lower court’s judgment. Applying the principles of quantum meruit, the trial court heard evidence that the value of Hershewe’s services could range from $4,800 up to $950,000 and awarded the firm $40,000.