Giomona Corp. v. Dawson

FLANIGAN, Judge.

With disarming simplicity Rule 87.03,1 a part of Rule 87 dealing with Declaratory Judgments, reads: “A contract may be construed either before or after there has been a breach thereof.” This action is an example of the operation of Rule 87.03. See Mercantile Trust Company v. Chase Hotel, Inc., 510 S.W.2d 807 (Mo.App.1974).

On September 9, 1973, a written agreement, identified in the record as Exhibit 1, was entered into between J. D. Dawson, as purchaser, and Dean Hicks and Dorothy Hicks, husband and wife, as sellers, for the sale of 1,820 acres in Dallas County. The real…