Browning-Ferris Industries of St. Louis, Inc. v. Landmark Systems, Inc.

REINHARD, Presiding Judge.

Defendant appeals from the court’s entry of summary judgment in favor of plaintiff in a contract action. We reverse and remand with instructions.

Plaintiff's petition averred in relevant part the following:

3. On or about December 21, 1989, BFI and Landmark entered into a Disposal Service Agreement (the “Contract’) in St. Louis County, Missouri under which BFI was to remove petroleum contaminated soil at a cost of $15.00 per cubic yard of soil for Landmark. A true and accurate copy of the Contract is attached hereto, incorporated herein by reference and marked as…