Missouri Court of Appeals, Western District / Aug 6, 2019
Joseph Wagner Revocable Trust U/A vs. Cameron Thomson and Honest Policy, Inc.
Joseph F. Wagner, Jr. Revocable Trust sued Cameron Colby Thomson and Honest Policy, Inc. for breach of contract and unjust enrichment regarding a $100,000 loan. The trial court entered judgment upon a jury verdict in favor of the Trust. On appeal, Appellants argued the court erred by submitting mutually exclusive theories of recovery and by giving conjunctive instructions. The appellate court affirmed the judgment, finding the theories were not mutually exclusive given the disputed facts, and that the other instructional errors were not preserved or were waived.