Section 2.29 Construe in Favor of Validity and Against Forfeiture

• Library: Contracts 2016 Supp

1. (§2.29) Construe in Favor of Validity and Against Forfeiture

Missouri courts will construe a contract in favor of validity. Thus, “[w]here one construction will destroy a contract and another construction will make it valid, and the party trying to destroy the contract is the party giving it, and who wrote it, then the court should so construe the contract as to be valid.” Citizens’ Trust Co. v. Tindle, 199 S.W. 1025 (Mo. banc 1917) (LexisNexis headnote citing 9 Cyc. 586, and note 36; Ferry Co. v. Railroad, 128 Mo. 224); see also Kansas City v. Kansas City Transit, Inc., 406 S.W.2d 18, 22...