Section 408

Citation: Section 408
Parent Document: J & M Securities, LLC v. Brown, 388 S.W.3d 566 (2012)
Jurisdiction: Missouri (state)
Effective Date: 2012-12-11
Original Source: https://www.courtlistener.com/opinion/5284000/j-m-securities-llc-v-brown/ ↗

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J & M argues, relying on Schnucks Carrollton Corp. v. Bridgeton Health and Fitness Inc., 884 S.W.2d 733, 739 (Mo.App. E.D.1994), that if a contract provides for the payment of attorney’s fees and expenses incurred in the enforcement of a contract provision, the trial court must award them to the prevailing party. However, the relevant contract provision in that case stated “In the event that either party hereto shall bring legal action against the other party, then the prevailing party shall be entitled to reimbursement from the other party for all expenses thus incurred, including a reasonable attorney’s fee.” Id. Thus, the contract language in Schnucks did not provide any discretion because it uses the word “shall” rather than conditional language.2

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