Legal Opinion · Dissent

U.S. Neurosurgical, Inc. v. Midwest Division-RMC, LLC

Missouri Court of Appeals

Decided March 2, 2010No. WD 70122Published

1DissentThomas H. Newton, Chief Judge

USN’s sole theory of damages was premised on breach of a “minimum payment” requirement. Because there was no “minimum payment” guarantee expressed in the contract, I respectfully dissent.

*670Contract interpretation is a question of law. Newco Atlas, Inc. v. Park Range Constr., Inc., 272 S.W.3d 886, 891 (Mo.App. W.D.2008). We read contracts inside established rules of construction. We seek to effectuate the parties’ intent. We consider the agreement as a whole; we harmonize the provisions, give meaning to the terms, and we do so through the plain, ordinary, and express language used in the…

2Cases cited13 opinions

  1. Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
  2. Guidry v. Charter Communications, Inc.Missouri Court of Appeals · 2008
  3. Conservative Federal Savings & Loan Ass'n v. WarneckeMissouri Court of Appeals · 1959
  4. Smith Ex Rel. Stephan v. AF & L Insurance Co.Missouri Court of Appeals · 2004
  5. Jackson v. Christian Salvesen Holdings, Inc.Missouri Court of Appeals · 1998

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