Section 512

Citation: Section 512
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/ ↗

Full Text

1,272 chars

The parties disagree as to whether a writing requirement raised by Defendant in this point constitutes an affirmative defense of statute of frauds that was not pled by Defendant under Rule 55.08, or whether the writing requirement is a required element of a lease under Section 432.050. We need not address this issue to resolve Defendant’s second point as Defendant’s argument fails on the merits. The testimony elicited by Defendant from President provided sufficient evidence from which the trial court could reasonably conclude that a writing authorizing the agency relationship existed between K.O. and the owner of the Subject Property. President testified as to the existence of such an agreement, and further testified that it was not on notice to bring the writing to trial. The trial court found the testimony of President to be credible, and thus K.O. to be the manager of the Subject Property and the agent for the owner of the Subject Property, filing this action in such capacity. Appellate courts, in reviewing bench trials, give due deference to the trial court and its unique ability to judge the credibility of the witnesses and will uphold the judgment of the trial court if the result was correct on any tenable basis. State v. Entm’t Ventures I, Inc.,

Other Sections in This Document (119)

Full Text