Section 7.11 Special Pleading Rules for Contract Actions
| Library | Contracts 2016 Supp |
D. (§7.11) Special Pleading Rules for Contract Actions
In addition to stating the elements for a breach-of-contract claim, the petition (and, in some cases, the answer) must comply with pleading requirements that are either unique to contract cases or, at least, most frequently encountered in contractual litigation.
If the breach-of-contract action is based on a written instrument, the instrument must be pleaded according to its legal effect, recited at length, or attached to the petition. Rule 55.22; § 509.230, RSMo 2000. It is advisable to attach the document to the pleading and incorporate it by reference. Rule 55.12. The execution of the document is deemed confessed unless the defendant...
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