Section 5 Limitation of Prayer

• Library: Damages 2012

When the damages are unliquidated, the default does not admit the amount of damages claimed. O’Connor v. Quiktrip Corp., 671 S.W.2d 17, 19 (Mo. App. W.D. 1984); Sumpter v. J.E. Sieben Constr. Co., 492 S.W.2d 150, 153 (Mo. App. W.D. 1973). The first restriction on the plaintiff is that the damages or other relief cannot be ‘“other or greater than that which he shall have demanded in the petition as originally filed and served on defendant. . . .”’ In re Estate of Scholz, 615 S.W.2d 459, 462 (Mo. App. E.D...