Failure to negate facts disallows summary judgment

The Circuit Court of Jackson County erred in granting summary judgment due to the plaintiff’s failure to allege undisputed material facts that would negate an affirmative defense.The plaintiff, Frank Mobley, alleged the affirmative defense was not properly pled, and was not required to negate the defense, which alleged failed consideration. The Missouri Court of Appeals ...

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Failure to negate facts disallows summary judgment

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