Fitch v. J.A. Tobin Construction Co.

ULRICH, Judge.

Defendant, Tobin Construction Company, Inc. (Tobin), appeals from judgment in the sum of $167,000 entered following jury verdict in behalf of plaintiff, Thomas A. Fitch, for breach of employment contract. Tobin argues five points on appeal. Tobin contends that (1) the contract, in the form of a written memorandum of understanding (memorandum), signed by Tobin and Mr. Fitch, violates § 351.315, RSMo 1986, and is, therefore, void and unenforceable; (2) Mr. Fitch failed to obtain approval of the memorandum by Mark Twain Bank, allegedly a condition precedent, and, therefore, the…