Grant v. Fletcher

STEPHAN, Judge.

Plaintiffs appeal from the dismissal of their petition for failure to state a claim upon which relief can be granted. We reverse and remand.

In the case of a dismissal of a petition for failure to state a claim, the petition is to be construed favorably and the pleader given “the benefit of every reasonable and fair intendment in view of the facts alleged, and if the pleader’s allegations invoke principles of substantive law which may entitle it to relief, the petition is not to be dismissed.” Watson v. Franklin Finance, 540 S.W.2d 186, 188 (Mo.App.1976); Laclede Gas Company v.…