Legal Opinion
Evergreen National Corp. v. Killian Construction Co.
Missouri Court of Appeals
Decided March 1, 1994No. WD 48041PublishedCited by 11 opinions
1Opinion of the Court
LOWENSTEIN, Acting Presiding Judge.
This is an appeal from a motion to dismiss granted under Rule 55.32(a), which requires compulsory counterclaims be filed or lost. The question presented is whether the rule controls rather than the choice of forum clause agreed upon by the parties in their construction contract. This court affirms, holding Rule 55.32(a) controls rather than the parties agreement which called for any action on the contract, other than one for a mechanic’s lien action, be tried in Jackson County.
On January 15, 1990 Evergreen National Corporation (Evergreen), appellant, and…
2Cases cited7 opinions
- National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
- Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
- Murphy v. AA MathewsSupreme Court of Missouri · 1992
- State ex rel. J.E. Dunn, Jr. & Associates, Inc. v. SchoenlaubSupreme Court of Missouri · 1984
- Myers v. Clayco State BankMissouri Court of Appeals · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dunn Industrial Group, Inc. v. City of Sugar CreekSupreme Court of Missouri · 2003
- Zipper v. Health MidwestMissouri Court of Appeals · 1998
- Warren v. StateMissouri Court of Appeals · 1997
- Consolidated Financial Investments, Inc. v. ManionMissouri Court of Appeals · 1997
- Rell v. Burlington Northern RailroadMissouri Court of Appeals · 1998
6 more not listed; retrieve them via the Exa API.