Wells v. Peery

656 S.W.2d 275, 1983 Mo. App. LEXIS 3421
CourtMissouri Court of Appeals
DecidedJune 21, 1983
DocketNo. 45656
StatusPublished
Cited by1 cases

This text of 656 S.W.2d 275 (Wells v. Peery) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells v. Peery, 656 S.W.2d 275, 1983 Mo. App. LEXIS 3421 (Mo. Ct. App. 1983).

Opinion

DOWD, Judge.

Appeal from a civil action wherein plaintiffs-appellants filed a petition seeking damages for personal injuries arising out of an automobile accident with defendant-respondent. As an affirmative defense defendant raised the issue of an alleged rubber stamp release on the back of a check and moved for a separate trial on that issue alone. The motion was granted and the case tried resulting in a jury verdict for the defendant.

Plaintiffs set forth four points the third of which we find dispositive of this appeal. Specifically, plaintiffs contend the trial court erred in not granting their motion for a directed verdict at the close of all of the evidence or judgment notwithstanding the verdict because under Missouri law it is essential to a contract that the nature and extent of its obligations be certain and as the contract here is so illegible that essential terms are unaseertainable it is unenforceable as a matter of law. We agree and the judgment is reversed.

We must review the trial court’s actions on a motion for a directed verdict upon the premise that it should be granted only when all the evidence and reasonable inferences to be drawn therefrom are so strongly in favor of the moving party that there is no room for reasonable minds to differ. Lake v. Farm Bureau Mutual Insurance Company, 624 S.W.2d 28, 29 (Mo.App.1981).

In the present case, plaintiff Wells notified defendant’s insurance company (hereinafter State Farm) of the accident and was advised to provide estimates on the damage to his car. Plaintiff complied with this request and when he received no further response from State Farm he contacted his own insurer the Automobile Club of Missouri (hereinafter AAA). He advised them of the property damage to his car and that he had been injured in the accident. AAA paid for the repairs to plaintiff’s automobile and subrogated his claim to State Farm for said repairs. After contacting State Farm, AAA received a check for the exact amount of the repairs made out to AAA and plaintiff Charles Wells. Said check was forwarded to plaintiff with instructions for him to endorse it and return it to AAA. Plaintiff and the AAA insurance agent involved with his case testified they believed the check was solely for the damage to his automobile. There is no question that plaintiff’s signature appears on the check below a rubber stamp consisting of some legible and illegible language in small print which purported to release defendant for property damage and bodily injuries whether known or unknown. Set forth herein is a photocopy of the rubber stamp marking in question.

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Related

Wry v. Wade
814 S.W.2d 655 (Missouri Court of Appeals, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
656 S.W.2d 275, 1983 Mo. App. LEXIS 3421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-peery-moctapp-1983.