DON BUSH, SR., JALONNE BUSH, DON BUSH, JR., and SALLY BUSH, Defendants- Missouri Cases

Thayer Farm Center/Meyer Feed sued Don Bush, Sr., Jalonne Bush, and Don Bush, Jr. for unpaid goods and services. The trial court entered judgment for Thayer on an "action on account" theory, despite Thayer's petition pleading an "account stated" theory. The appellate court reversed, holding that the trial court misapplied the law by entering judgment on an unpleaded theory over timely objection. Furthermore, the court found that Thayer failed to prove its pleaded account-stated claim, which required an unconditional agreement to pay a specific amount. The case was remanded with directions to enter judgment for the defendants.