Gordon v. Heller
2011 Mo. App. LEXIS 1497
| Mo. Ct. App. | 2011Background
- Gordon, a real estate agent, and the Hellers discussed listing their home and staging it with Gordon’s furniture in October 2007.
- There was an oral agreement for Gordon to stage the home; pricing disputes arose over payment terms.
- Husband testified Gordon stated a flat fee of $2,000 until sale, with a possible $1,000 if the home did not sell; Annette objected.
- Gordon staged the home within five days and remained in control of her furniture for about 18 months, never receiving payment.
- Gordon filed suit for breach of contract seeking $5,500; the Hellers counterclaimed for $1,800 for Gordon’s storage of furniture.
- A bench trial resulted in judgment for Gordon for $5,400; the judgment contained no final ruling on the counterclaim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was competent evidence of a binding contract and breach | Gordon asserts an enforceable contract existed and breach occurred. | Hellers contend no enforceable contract or breach proven. | Judgment insufficiently supported; no final determination of contract breach. |
| Whether the counterclaim was disposed in the judgment | Counterclaim seeks damages for storage; relates to the same transaction. | Counterclaim not resolved; judgment not final. | Judgment not final because counterclaim unresolved; appeal dismissed. |
Key Cases Cited
- Parker v. American Pub. Co., 314 S.W.3d 798 (Mo.App. E.D.2010) (final judgment required for appellate review)
- S & P Properties, Inc. v. Bannister, 292 S.W.3d 404 (Mo.App. E.D.2009) (final judgment disposes of all issues and parties)
- Smith v. Premium Homes, Inc., 103 S.W.3d 810 (Mo.App. E.D.2003) (counterclaim must be disposed or effect must be implied in main judgment)