Tag Archives: course of performance

Settling Terms Through Course of Performance–Hall v. Fox, 2014 WL 284530 (Mo. Ct. App., W.D.)

A dispute arises whether a contractor had an enforceable contract with a client.  judgment was entered for the contractor, who the brief reports claimed compensation on a time-and-materials basis. The client’s argument that the contract was for a fixed price was evidently rejected below.  We seem to have an issue of whether subsequent actions of the parties can cure an otherwise fatal indefinitness of the terms of their bargain, though the brief does not seem to capture this aspect of the case.

More after the break …

Continue reading