Legal Opinion

State Ex Rel. Marlo v. Hess

Missouri Court of Appeals

Decided April 17, 1984No. 48261PublishedCited by 19 opinions

1Opinion of the Court

GAERTNER, Judge.

At issue in this original proceeding in prohibition is the enforceability of a contractual provision attempting to establish venue of any judicial proceedings which may arise from the contract or its performance.

David Mario and Hilmer Plumbing and Sewer Service, Inc., entered into a contract wherein Mario agreed to pay Hilmer $5,300 for the installation of 700 feet of sewer pipe at a location in Jefferson County. The details of the contract are written into a printed form furnished by Hilmer. The printed form contains the following clause:

I [David Mario] agree that all charges…

2Cases cited26 opinions

  1. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  2. Smith, Valentino & Smith, Inc. v. Superior CourtCalifornia Supreme Court · 1976
  3. Central Contracting Co. v. C. E. Youngdahl & Co.Supreme Court of Pennsylvania · 1965
  4. Hauenstein & Bermeister, Inc. v. Met-Fab Industries, Inc.Supreme Court of Minnesota · 1982
  5. Parmer v. BeanMissouri Court of Appeals · 1982

21 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. High Life Sales Co. v. Brown-Forman Corp.Supreme Court of Missouri · 1992
  2. Sun World Lines, Ltd. And Double Cee Investments, Ltd. v. March Shipping Corporation and March Shipping Passenger Services, Peter DeilmannCourt of Appeals for the Eighth Circuit · 1986
  3. Churchill Corp. v. Third Century, Inc.Supreme Court of Pennsylvania · 1990
  4. Chase Third Century Leasing Co., Inc. v. WilliamsMissouri Court of Appeals · 1989
  5. Whelan SEC. Co., Inc. v. AllenMissouri Court of Appeals · 2000

14 more not listed; retrieve them via the Exa API.

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