Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Citation
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Parent Document
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Jurisdiction
- Missouri (state)
- Effective Date
- 1987-02-10
Other Sections in This Document (8)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
- Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
Full Text
777 charsPlaintiffs fourth amended petition is a single count sounding in negligence based on the theory that defendants were negligent in failing to repair a “common” porch. The petition does not contain any allegation based on the theory of breach of agreement to repair or on the theory of implied warranty of habitability. The pleading did not require and the trial court did not rule on these matters. A key principle of appellate review is that claims not presented to and decided by the trial court may not be considered on appeal for the first time. Henley v. Continental Cable Vision of St. Louis County, 692 S.W.2d 825, 827 (Mo.App.1985). This court therefore declines to consider plaintiffs second and third points which argue liability based on contract or implied contract.