Missouri Breach Of Contract Legal Questions

That sounds like a very frustrating situation.  Generally speaking, you could probably sue the contractor in your county rather than his county, but there are facts that could change the answer. For example, some contracts require that suit be filed in a particular county. Your question doesn't state whether you have a written contract with the contractor or, if you do, whether the contract limits where a lawsuit can be filed.  It is also not clear whether your contract defines when the work must be completed. The proper county for filing suit can vary depending upon the claims in the lawsuit and other facts that are not included in your question.  Finally, there may be reasons that you would want to file suit in the contractor's county. Some counties may be better suited for your lawsuit than others. The best course of action is to find a local lawyer who can advise you about your specific situation. Your lawyer can advise you where you can file suit and also where you should file suit.  Best regards.... Read More

Anyone can sue anyone, the question is if they have a good claim.  Here, depending on what exactly your contract provides,  it appears that the venue does have a good claim.  With the exception of some statutory rights to cancel some kinds of contracts before a short period of time has expired (usually 3 days), or if the contract itself allows for cancellation under certain contingencies, you don't have a right to cancel a contract.  You are obligated to perform your contracts, and if you don't you are liable for the damages that your breach causes the other party.  For example, some contracts to buy real property have a mortgage contingency clause which allows you to cancel the contract if you're not approved for a mortgage, but absent such a clause you are liable to buy the house, mortgage or not.  If you move out of an apartment 3 months before the lease is up, you're still responsible to pay the last 3 months rent.  If the venue is able to book another event for the time yours was scheduled, the amount  you owe may be reduced by the amount the venue receives, and if it gets as much from the new booker as it would have from you, you may not have to pay any damages, but if not you could be liable for the full amount of your contract, minus any expenses the venue saves by the cancellation.  You should probably consult a Missouri attorney.... Read More

Hello, It appears you already  filed a small claims lawsuit for breach of contract on a purchase of a vehicle. But you do not say how much is owed.  Small Claims courts limit the amount in dispute to $5,000.00 .  And you  waive any claim for any sum in excess of  $5,000.00 in your current small claims  lawsuit and also in any subsequent  legal proceeding involving the same parties and issues. Here is the Missouri law that decides how much you can recover in Small Claims court:  Mo. Ann. Stat. § 482.315.   Since  you are seeking  the possession of specific personal property, the return of a vehicle, you really need to consult an attorney for advice for  filing an action for return of personal property,  which is called a replevin. This type of lawsuit is filed in another type of court.  Otherwise, if you do not explore all your legal options beyond Small Claims court you may be losing valuable legal rights. This answer should should not constitute and be considered legal advise but general legal information and should also not constitute an agreement to enter into an attorney/client relationship.   ... Read More

It sounds to me like you have a claim against him. If he has not done the work as specified by the contract he is actually in breach. What did he claim was the source of your breach? Is it because you are looking for someone else to finish the work he was unable to complete? Inability to complete the work is not an adequate defense for breach of contract. If he is either unable or refusing to complete it, you are well within your rights to find someone else to do so. In fact, you could argue that you have a duty to mitigate any damages rather than letting them accrue prior to filing an action against him. I would definitely consider contacting a lawyer to either demand specific performance (term of art meaning "make him do what he said he'd do") or return of your money, goods, and any damages caused by his delay. ... Read More

First of all, absent some wrongdoing by either the landlord or you which you haven't mentioned, your former roommate is obligated under the lease, regardless of the subsequent text.  To the extend that you  you've paid more than your share, and based on the facts as you've recited them, you should be able to recover it from your former roommate by virtue of the lease.  Her separate subsequent agreement to pay is only icing on the cake.... Read More

Assuming that the statute of frauds, which generally requires that agreements to sell goods valued at over $500 must be in writing, has been satisfied, it appears so, but, unless the horse is somehow unique, the other party may not be able to compel specific performance of the contract, and if the price you agreed to was market value, the other party may not be abel to show any damages from the breach.  In other words, although you appear to have breached, the other party may not have been hurt and may have no remedy.... Read More

Most oral agreements are binding (the problem, generally, is not that the contract is unenforceable but that you can't prove that there was a contract or what its terms were), but some types of contracts are required to be in writing.  On its face, the loan contract you describe does not seem to be of a type which needs to be in writing.... Read More

The statute of limitaitions for breach of contract varies by jurisdiction, but generally runs from the date of the breach, i.e. the date the loan was supposed to have been repaid.  If no time for repayment was specified, the Court will generally imply a reasonable time period.  The NY statute of limitations on breach of contract is 6 years from the breach, but that is the longest I have seen.  It may well be shorter in MO.... Read More

If the client refuses to pay, the only legal way to force them to pay is to bring an action in court (or arbitration, if their contract provides for it.)  There are other ways to try to pressure the clients to pay, such as getting one of those television or newspaper consumer advocates to take up your friend's case. publicizing the clients' default on social media, by picketing, etc., or to mediate the dispute (if the clients will agree), but none of these can force the clients to pay if they refuse to do so.... Read More

She can sue you, because anyone can sue anyone for anything, but I don't think that she has a case against you individually.  It is possible that she has a valid claim against your father (if there is a contract you don't know about), but she doesn't claim any contract with you.  As for stopping the harassment, you may want to look into the requirements for an order of protection.... Read More

Absent a contract or applicable statute which provides for the prevailing party to receive attorneys' fees, each party pays his own.  Thus, you can ask for whatever you want, but unless you have a contract, or are suing under a statute, providing for them, you can't recover your attorneys' fees.... Read More

I'm confident that the police would tell you that this is a civil breach of contract matter, not a police matter.  Your parents can sue the former friend, and maybe his wife if she was also obligated on their agreement, but the incovenience of suing in Missouri might be more than the matter is worth for your parents.  There might be a basis for suing in Alaska if some part of the negotiation for the agreement and/or performance of the agreement took place there, or if the defendants have some other contacts with Alaska, such as owning real property there.  If so, your parents should bring a lawsuit in Alaska.  If not, they will have to decide whether the hassle of suing in Missouri - hiring a Missourt lawyer, possibly having to appear for deposition and/or trial - is worth it.... Read More

Assuming that the small claims court in KS allows appeals (some small claims decisions are not appealable, it's one of the things you give up when you avail yourself of the cheaper and faster small claims process), and your time has not run out, you can appeal.  Notice that I said the small claims court in KS, not MO.  It is the KS court that decided the limitations issue, and the MO court is bound by that decision.  Thus, unless you successfully challenge the decision of the KS court, you may be able to appeal in MO, but you have very little chance of winning. Incidentally, the limitations period should not change depending on where the case is brought.  Courts of different states regularly apply other states' statutes of limitations where appropriate.  For example, if a New Jersey resident signs a contract in New York with a New York resident and later sues for breach, the New York statute of limitations will most likely apply, regardless of whether suit is brought in NJ, NY, or even somewhere else the party bringing the suit has moved to.  If it was right for the KS court to apply the KS statute of limitations, it would be right for the MO court to do so as well.... Read More