Legal Opinion

Thomas v. O'Brien

Missouri Court of Appeals

Decided June 20, 1990No. 16352PublishedCited by 3 opinions

1Opinion of the Court

MAUS, Judge.

By his petition, plaintiff Stan Thomas sought to recover from defendant, Josephine O’Brien, for breach of a written contract to supply “equipment and work” necessary for the construction of a swimming pool addition and deck. O’Brien admitted execution of the document but alleged it was not the complete contract and denied she breached the complete contract. By a counterclaim, she seeks to recover for Thomas’ breach of the complete contract. A jury was waived. The trial court made comprehensive findings of fact and conclusions of law. It found for Thomas upon the petition and…

2Cases cited3 opinions

  1. Herbert v. HarlSupreme Court of Missouri · 1988
  2. Sanders v. DeWittMissouri Court of Appeals · 1979
  3. Fort Zumwalt School District v. ReckleinMissouri Court of Appeals · 1986

3Cited by3 opinions

  1. Heritage Roofing, LLC v. FischerMissouri Court of Appeals · 2005
  2. Wisch & Vaughan Construction Co. v. Melrose Properties Corp.Missouri Court of Appeals · 2000
  3. MiTek Inc. v. McIntoshDistrict Court, E.D. Missouri · 2023

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