Express contracts are those in which two or more parties explicitly agree, orally or in writing, to a contract. For a plaintiff to prevail on breach of an express contract claim, the plaintiff must prove: (1) the existence and terms of a contract, (2) that plaintiff performed under the contract, (3) breach of the contract…
Legal Articles
Money Had and Received — Equity, Restitution
Money had and received is a an equitable claim. Newco Land Co. v. Martin, 213 S.W.2d 504, 510 (1948). It applies whenever one has money in his/her possession which belongs to another, and which, in equity and good conscience, the other should pay over. Brandkamp v. Chapin, 473 S.W.2d 786, 788 (Mo. Ct. App. 1971). The claim…
Suit/Action on Account
Rather than allege a simple breach of contract claim, a plaintiff may also allege an action on account if the proper circumstances/facts exist. The two are very similar, but are usually included as separate claims. An action on account is an action at law, based in contract. Austin v. Pickett, 87 S.W.3d 343, 347 (Mo. Ct. App. 2002). Specifically,…