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GIOMONA CORP. v. DAWSON

No. 10352.

568 S.W.2d 954 (1978)

The GIOMONA CORPORATION, Plaintiff-Respondent, v. J. D. DAWSON, Dean Hicks, Dorothy Hicks, and Murrel Indermuehle, d/b/a Owensby & Son Real Estate, Defendants-Appellants.

Missouri Court of Appeals, Springfield District.

July 20, 1978.

Attorney(s) appearing for the Case

David L. Smith, Woolsey, Fisher, Clark, Whiteaker & Stenger, Springfield, for defendants-appellants.

J. A. Appelquist, Springfield, Kerry D. Douglas, Douglas & Douglas, Bolivar, for plaintiff-respondent.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

FLANIGAN, Judge.

With disarming simplicity Rule 87.03,1 a part of Rule 87 dealing with Declaratory Judgments, reads: "A contract may be construed either before or after there has been a breach thereof." This action is an example of the operation of Rule 87.03. See Mercantile Trust Company v. Chase Hotel, Inc., 510 S.W.2d 807 (Mo.App.1974).

On September 9, 1973, a written agreement, identified...

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