DRAFT FOR ATTORNEY REVIEW — NOT FINAL

K.O. Real Estate, LLC v. O'Toole, 291 S.W.3d 780 (2009)

Citation
K.O. Real Estate, LLC v. O'Toole, 291 S.W.3d 780 (2009)
Parent Document
K.O. Real Estate, LLC v. O'Toole, 291 S.W.3d 780 (2009)
Jurisdiction
Missouri (state)
Effective Date
2009-06-23
Original Source
https://www.courtlistener.com/opinion/1652656/ko-real-estate-llc-v-otoole/ ↗

Other Sections in This Document (119)

Full Text

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In his fourth point, Defendant argues the trial court erred in entering judgment in favor of K.O. because its judgment was based on issues contrary to the pleadings. Defendant asserts that the petition identified K.O. as the owner of the leased premises. When K.O. changed its claim during trial and argued that it acted in its capacity as agent of the owner, the trial court, over Defendant’s objection, allowed K.O. to deviate from its pleadings and based its judgment on the impermissible deviations.