Missouri Court of Appeals, Eastern District / Nov 19, 2019
Tribus, LLC, Appellant, vs. Greater Metro, Inc., Respondent.
Tribus, LLC, a software developer, appealed the trial court's judgment rejecting its breach-of-contract claim against Greater Metro, Inc., a real estate brokerage, and granting Greater Metro's counterclaim. The trial court found Tribus failed to provide timely and functional websites and CRM software as contracted, and awarded damages to Greater Metro. The appellate court affirmed the judgment, finding no error in the trial court's denial of an adverse inference for spoliation, its refusal to apply doctrines of waiver or frustration of performance, its interpretation of contract terms, or its calculation of damages.