In an action for breach of contract, on a motion for summary judgment, defendant raised the affirmative defense that performance was impossible. That defense requires proof that defendant did “virtually” everything “within its powers to perform its duties under the contract.” The summary judgment record shows no such effort. “Defendants conflated performance pursuant to the Note (repayment of a loan) with running their business in order to repay the Note. The fact that it may have been impossible to operate a valet services business during the COVID-19 pandemic does not render it impossible to perform the terms of the Note.” Note and Guaranty provided attorney fees for enforcement, so the Court of Appeals remands the action to circuit court to determine the amount of the award.
Premier Valet, LLC, Respondent, v. Premier Valet Services, LLC, and Brian Canavan, Appellants.
(Overview Summary)
Missouri Court of Appeals, Eastern District – ED110242
Need to speak with an attorney? Call our office at 816-524-4949 or click here to schedule a consultation.