Missouri Court of Appeals, Eastern District / Oct 21, 2025
Mississippi Valley Equipment Company, Respondent, vs. David Killian, d/b/a Elite Seawall & Excavating, LLC, Appellant.
David Killian appealed a trial court's judgment finding him personally liable for Mississippi Valley Equipment Company's (MVE) breach of contract claim. Killian argued there was insufficient evidence he contracted in his individual capacity, that he assented to two of the three contracts, and that the attorney's fee award was unsupported. The appellate court affirmed the trial court's judgment, finding Killian failed to meet his burden to show the judgment was incorrect on all points.