1. Home
  2. Browse Decisions
  3. S.W.2d
  4. 876 S.W.2d
  5. 876 S.W.2d 633 (1994)
 

EVERGREEN NAT. CORP. v. KILLIAN CONST.

No. WD 48041.

876 S.W.2d 633 (1994)

EVERGREEN NATIONAL CORPORATION, Appellant, v. KILLIAN CONSTRUCTION CO., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 3, 1994.

Application to Transfer Denied June 21, 1994.

Attorney(s) appearing for the Case

William M. Modrcin, Kansas City, for appellant.

Roy Bash, Thomas A. Sheehan, Shughart, Thomson & Kilroy, P.C., Kansas City, for respondent.

Before LOWENSTEIN, Acting P.J., and FENNER and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 3, 1994.

LOWENSTEIN, Acting Presiding Judge.

This is an appeal from a motion to dismiss granted under Rule 55.32(a), which requires compulsory counterclaims be filed or lost. The question presented is whether the rule controls rather than the choice of forum clause agreed upon by the parties in their construction contract. This court affirms, holding Rule 55.32(a) controls rather than the parties...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases