Dover Elevator Co. v. Rafael

CRANE, Presiding Judge.

This appeal involves an attempt by an office building owner to terminate an elevator maintenance contract and the office building owner’s claim that maintenance was not “regularly and systematically” performed. It raises issues of the ambiguity of the termination provisions of the contract and the admission of opinion testimony by witnesses who were not disclosed under Rule 56.01(b)(4).

Defendant Robert Rafael is the owner of an office building located at 901 North Spoe-de Road, Creve Coeur, Missouri. On April 28, 1988 Rafael entered into a Master Maintenance Agreement…