Section 43 Subsequent Conduct

• Library: Remedies 2006

Traditionally, subsequent conduct and statements of the parties are admissible as evidence bearing on the question of mutual mistake. Sperrer v. Sperrer, 573 S.W.2d 693, 695 (Mo. App. E.D. 1978); see also S. Mo. Sav. & Loan Ass’n v. Thomas, 754 S.W.2d 937, 940 (Mo. App. S.D. 1988). But when the language of the contract is clear, conduct after execution of the instrument cannot be used to prove...