Section 8.30 Excuses for Abandonment of Contract

LibraryConstruction Law 2016 Supp

F. (§8.30) Excuses for Abandonment of Contract

There are certain limited circumstances other than material breach under which Missouri courts will excuse further performance. For example, the destruction of the object of the performance, rendering performance impossible, will excuse further performance. In Denton Construction Co. v. Missouri State Highway Commission, 454 S.W.2d 44 (Mo. 1970), the parties’ contract called for the alteration and repair of an existing structure. The existing structure...

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