DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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/ ↗

Other Sections in This Document (119)

Full Text

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In his fourth point, Defendant argues that that trial court erred by entering a judgment that was based on issues contrary to the pleadings. Defendant’s argument is based upon KO.’s assertion at trial that it acted in its capacity as the agent for the property owner even though KO.’s pleadings allege K.O. was the owner of the Subject Property, and make no mention of any agency relationship. Defendant argues that K.O. was allowed to testify to the agency relationship over its objections, and that the trial court’s judgment now rests upon this impermissible deviation from the pleadings. We disagree.