409 S.W.3d 562
Mo. Ct. App.2013Background
- Best Buy submitted a written proposal to Siegel on November 2, 2009 for home renovations at a bid of $29,592.
- Siegel requested numerous changes and additions after work began, increasing scope beyond the original bid.
- Bartlett testified these changes raised costs by $8,978 and that he did not state a final price to Siegel.
- Bartlett testified Siegel knew changes would exceed the original bid but wanted them anyway, and she accepted credits for some work.
- Siegel testified she never agreed to pay more than the original bid and believed credits offset all increased costs.
- Best Buy completed the work in May 2010, demanded payment in June 2010, Siegel paid $29,592, and refused the remaining balance; Best Buy filed suit for breach of contract in February 2011; judgment awarding $5,000 plus interest entered February 28, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a new contract with increased price | Siegel | Best Buy | Support for increased price; breach found. |
| Whether damages were established with reasonable certainty | Best Buy | Siegel | Damages proved with reasonable certainty; award affirmed. |
Key Cases Cited
- Guidry v. Charter Communications, Inc., 269 S.W.3d 520 (Mo.App.E.D. 2008) (mutual assent and consideration essential for modifications; meeting of minds)
- Guidry v. Charter Communications, Inc., 269 S.W.3d 520 (Mo.App.E.D. 2008) (contract modifications may arise from conduct without formalities)
- Harvey v. Timber Resources, Inc., 37 S.W.3d 814 (Mo.App.E.D. 2001) (damages must be proven with reasonable certainty)
- Am. Laminates, Inc. v. J.S. Latta Co., 980 S.W.2d 12 (Mo.App.W.D. 1998) (basis for rational damage estimation; not speculative)
- Lagermann v. Farm Bureau Town and Country Ins. Co. of Missouri, 356 S.W.3d 780 (Mo.App.S.D. 2011) (standard of review for substantial evidence in court-tried cases)
- Hanna v. Darr, 154 S.W.3d 2 (Mo.App.E.D. 2004) (elements required to prove breach of contract)
- Boyer v. Sinclair & Rush, Inc., 67 S.W.3d 627 (Mo.App.E.D. 2002) (substantial evidence standard for liability and damages)