Elliott v. Johnston

PUDLOWSKI, Judge.

This appeal arises as the result of a declaratory judgment proceeding under § 527.010 RSMo 1978 which determined rights and duties pursuant to a settlement agreement. We affirm in part and reverse in part.

Plaintiff-respondent, Jonathan Elliott (Elliott) and defendant-appellant, Floyd Johnston, (Johnston) each were 50 percent shareholders and owners of Superior Disposal Services, Inc., (Superior) a Missouri Corporation. In an attempt to resolve differences between themselves, the parties entered into discussions and negotiations. The parties agreed the assets of Superior would…