Hayward v. Taylor
Missouri Court of Appeals
1Opinion of the Court
PREWITT, Judge.
The question here is which of three rules of document interpretation apply, handwritten over printed, specific over general, or construing writings against the drafter. By summary judgment plaintiffs received $5,000 on their petition and defendant’s counterclaim was denied. Defendant appeals, questioning only the award on the petition.1
Normal appellate review of summary judgment is to view the record in the light most favorable to the party against whom summary judgment was entered. Abbate v. Tortolano, 782 S.W.2d 810, 811 (Mo.App.1990). Here, there are no material facts in…
2Cases cited7 opinions
- Rouggly v. WhitmanMissouri Court of Appeals · 1979
- Surface Ex Rel. Surface v. Ranger Insurance Co.Missouri Court of Appeals · 1975
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- Buchmiller v. BuchmillerMissouri Court of Appeals · 1978
- Abbate v. TortolanoMissouri Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mews v. Charlie Chan Publishing Co.Missouri Court of Appeals · 1994
- Bristol-Myers Squibb Company v. Ikon Office Solutions, Inc.Court of Appeals for the Seventh Circuit · 2002
- Bristol-Myers Squibb v. Ikon Office SolutionCourt of Appeals for the Seventh Circuit · 2002