Section 37 Prior Agreement

• Library: Remedies 2006

The first element of proof for a claim of reformation is the prior agreement. Dehner Urban Redevelopment Corp. St. Louis v. Dun & Bradstreet, Inc., 567 S.W.2d 700, 704 (Mo. App. W.D. 1978). The claimant must prove the true terms of the prior agreement. The claimant must show that the parties agreed to accomplish a particular object and that the instrument is insufficient to meet their intention. King v. Riley, 498 S.W.2d 564, 566 (Mo. 1973). But it is not necessary to show that there was an agreement on any particular words or language to be used in the instrument. Bollinger v. Sigman, 520 S.W.2d 710, 712 (Mo. App. W.D. 1975); Niemeyer v. Stephens...