Southern Cross Lumber & Millwork Co. v. Becker

GRIMM, Presiding Judge.

In this bench-tried case, James Becker, d/b/a Becker Escrow Service, appeals from a judgment entered in favor of plaintiff Southern Cross Lumber and Millwork Company for damages resulting from a breach of fiduciary duty. We affirm.

There are three allegations of error. First, that the trial court erred in overruling Becker’s motion to dismiss because Southern’s cause of action was barred by the five-year statute of limitations, § 516.120, RSMo 1986. We disagree, because Southern filed its suit within five years after its damages were capable of ascertainment. Second,…