Section 20 Liquidated Claims

• Library: Damages 2012

The rule in Missouri seems clear in a suit on a promissory note. In Campbell v. Kelley, 719 S.W.2d 769 (Mo. banc 1986), the jury sent two questions to the Court during deliberations, both of which questioned whether the amount of damages was fixed. The Court refused
to answer and, instead, referred the jury back to the instructions.
A verdict for the plaintiff but for no damages was modified to include damages on the theory that, once the jury...