101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Legal Articles

Contract Forum Selection Clauses

A forum selection clause in a contract refers to language which requires that when there is a dispute or litigation relating to the contract that it be resolved or litigated in a certain state, county or other “forum.” These clauses are not always upheld by the Courts. Furthermore, there is sometimes uncertainty that arises when there […]

Read More

Deed Delivery, Recording

Deeds are the legal documents used to convey ownership and title to land. “Delivery” of the deed gives the instrument force and effect. Rhodes v. Hunt, 913 S.W.2d 894 900 (Mo. Ct. App. 1995). “Delivery signifies that all dominion and control over the deed is passed from the grantor (i.e., the person conveying the property) to […]

Read More

Real Estate Easements, Merger Doctrine

An easement does not carry any title to the land over which it is exericised; rather, it is a right to use land for particular purposes. Blackburn Habitat Dev. Co., 57 S.W.3d 378, 389 (Mo. Ct. App. 2001). For express easement created by a formal agreement or grant, any words clearly showing the intention of the […]

Read More

Quantum Meruit versus Unjust Enrichment

Although the two are often confused and melded together, quantum meruit and unjust enrichment are distinct legal theories which can form the basis for a lawsuit. In practice, they are often pleaded and argued together; however, they have different measures of damages.  Quantum meruit requires that the plaintiff prove: (1) he provided the defendant with […]

Read More

Venue Transfer

In Missouri, “venue” refers to the county in which a suit is filed or should be filed. There are certain rules dictating where certain types of cases should be filed. There are separate rules stating when cases may be transferred to another venue/county.  Under Rule 51.03, for instance, a party can be granted a change […]

Read More

Election of Remedies, Inconsistent Theories of Recovery

Some matters in the law only really lawyers care to think about. Examples of this are the rules of (1) election of remedies and (2) election of inconsistent theories of recovery.  The election of remedies doctrine is where a party has the right to pursue one of two inconsistent remedies and makes an election, institutes suit, and […]

Read More

Maintenance / Alimony Modification

Spousal maintenance or alimony awards are often modifiable. What this means is that if there is a change in circumstances (e.g., income) bewteen the parties after the maintenance is originally entered, then a subsequent motion to modify maintenance can be filed to appropriately change the amount, duration and/or frequency of the maintenance.  Under Section 452.370.1, […]

Read More

Lay Witness Testimony, Personal Knowledge

Unless someone is qualified as an expert witness in Missouri, witnesses may not ordinarily offer opinions at trial; instead, they usually testify about facts within his or her “personal knowledge.” State v. Sanders, 842 S.W.2d 916, 919 (Mo. Ct. App. 1992). In other words, lay witnesses are permitted to testify as to “perceptible facts” regarding the event(s) […]

Read More

Co-Tenants in Real Estate, Ownership Interests

All sorts of legal problems can arise from the co-ownership of real estate. This can include, without limitation, partition suits which force a liquidation of the real estate or divide it into separate parcels of appropriate economic value, as well as general disputes about how the property should be used and operated.  Co-ownership of real […]

Read More

Promissory Estoppel versus Breach of Contract Claims

Promissory estoppel and breach of contract are generally inconsistent remedies. Promissory estoppel requires that there must have been (1) a promise, (2) on which the party seeking to recover relied to his or her detriment, (3) in a way the person making the promise expected or should have expected, and (4) the reliance resulted in […]

Read More