414 S.W.3d 24
Mo. Ct. App.2013Background
- S.A.G. appeals a trial court judgment for Talent Plus on earnest money and fees.
- Talent Plus contracted to buy property and deposited $5,000 earnest money with St. Louis Title as escrow agent.
- Talent Plus terminated for financing and parking contingencies after a low appraisal and parking dissatisfaction.
- St. Louis Title filed an interpleader; $4,145 was ordered into court and later released.
- Talent Plus obtained a judgment for $3,119.45 (including $855 in fees) against S.A.G.; S.A.G. sought to amend the judgment; appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contract permits attorneys’ fees. | Talent Plus argues the indemnification/fee clause allows fees. | S.A.G. contends the contract does not provide for fee awards. | No contractual basis for fees; award reversed. |
| Whether Talent Plus was entitled to damages for the earnest money. | Talent Plus is entitled to the earnest money under the contract. | S.A.G. argues insufficient evidence/ preservation issues. | Damages supported; judgment sustained in part and remanded. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for court-tried cases; substantial evidence and proper application of law)
- Metropolitan St. Louis Sewer Dist. v. St. Ann Plaza, Inc., 371 S.W.3d 40 (Mo.App. E.D.2012) (review standard; favorable view of evidence supporting judgment)
- State v. Nationwide Life Ins. Co., 340 S.W.3d 161 (Mo.App. W.D.2011) (interpretation of contracts; ascertainment of intent; plain meaning)
- Goines v. Missouri Dept. of Social Services, Family Support and Children’s Div., 364 S.W.3d 684 (Mo.App. W.D.2012) (American Rule exceptions; contract/ statute allowances for fees)
- Lorenzini v. Short, 312 S.W.3d 467 (Mo.App. E.D.2010) (attorney’s fees as a question of law; de novo review)