Missouri Court of Appeals, Eastern District / Jul 14, 2020
Richard C. Lehman and Michelle D. Koo, Respondents, v. Automotive Investments, LLC, Donald M. Davis, and Michael Shanahan, Jr., Appellants.
Richard C. Lehman and Michelle D. Koo (Respondents) sued Automotive Investments, LLC, Donald M. Davis, and Michael Shanahan, Jr. (Appellants) for breach of a Purchase Agreement, Promissory Note, and Guaranty related to the sale of Respondents' interest in AI. Appellants argued the Purchase Agreement was void because GM's consent was not obtained, but the trial court found Appellants failed to use commercially reasonable efforts to obtain consent and breached the agreements. The appellate court affirmed the trial court's judgment, agreeing that Appellants bore the burden of proving their affirmative defense and failed to do so, and remanded the case for the determination of Respondents' appellate attorney fees.