Rule 55.16 Averments and Denial of Conditions Precedent

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

XVI. Rule 55.16 Averments and Denial of Conditions Precedent

A. Text of Rule

In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.

B. Historical Note

None.

C. Cross-References

This Rule is the same as § 509.170, RSMo 2000. It is identical to Federal Rule of Civil Procedure 9(c).

D. Time Constraints

None.

E. Comment

1. Generally

A party suing for breach of contract must allege and prove performance of all conditions precedent or sufficient excuse for nonperformance. I.R. Kirk Farms, Inc. v. Pointer, 876 S.W.2d 283, 285 (Mo. App. W.D. 1994). Any given contract may contain a large number of conditions precedent. Rather than requiring the pleading to set forth each...