Missouri Court of Appeals, Eastern District / Jan 11, 2022
Hilliker Corporation, Appellant, vs. Watson Property, LLC, Respondent.
Hilliker Corporation, a real estate broker, sued Watson Property, LLC, claiming it was a third-party beneficiary to a commercial real estate contract between Watson and Star United, LLC, and was entitled to a commission. The trial court granted summary judgment for Watson, concluding a subsequent termination agreement eliminated Watson's obligations. The appellate court reversed the summary judgment and remanded for further proceedings, holding that while Hilliker was a third-party beneficiary, there was a genuine issue of material fact regarding whether the termination agreement could eliminate Hilliker's rights under the Restatement (Second) of Contracts § 311.