PETITION FOR BREACH OF CONTRACT

(Missouri State Circuit Court Template)

[// GUIDANCE: This template is drafted for use in Missouri state courts (Circuit Courts) and aligns with current Missouri Rules of Civil Procedure. Bracketed items must be customized. Remove all guidance comments and bracketed drafting notes before filing.]

// -----------------------------------------------------------------------------

TABLE OF CONTENTS

1. Caption & Parties Identification
2. Preliminary Allegations
   2.1. Jurisdiction & Venue
   2.2. Parties
   2.3. Definitions
3. Factual Background
4. Cause of Action – Breach of Contract
5. Damages
6. Conditions Precedent & Compliance
7. Prayer for Relief
8. Demand for Jury Trial (Optional)
9. Injunctive Relief Preservation
10. Attorney Fee Request
11. Verification (if elected)
12. Certificate of Service

// -----------------------------------------------------------------------------

1. CAPTION & PARTIES IDENTIFICATION

IN THE CIRCUIT COURT OF [__] COUNTY
STATE OF MISSOURI
(Civil Division)

[PLAINTIFF NAME], )
)
Plaintiff, )
v. ) Case No. [__]
)
[DEFENDANT NAME], )
)
Defendant. )

2. PRELIMINARY ALLEGATIONS

2.1 Jurisdiction & Venue

1. This Court has subject-matter jurisdiction over this action under Missouri law because it is a civil action asserting a contract claim and the amount in controversy exceeds the jurisdictional minimum.
2. Venue is proper in this County because (a) Defendant’s principal place of business is located in this County; and/or (b) the cause of action accrued in this County; and/or (c) the contract was to be performed in this County.
3. Personal jurisdiction over Defendant is proper because Defendant transacts business in Missouri and purposely availed itself of the benefits and protections of Missouri law.

[// GUIDANCE: Tailor venue allegations to one or more of the statutory venue bases applicable to Missouri.]

2.2 Parties

4. Plaintiff [Full Legal Name] is a [type of entity/individual], organized under the laws of [state] with its principal place of business at [address].
5. Defendant [Full Legal Name] is a [type of entity/individual]. Service of process may be effected upon Defendant by serving its registered agent, [Registered Agent], at [Service Address], or by any other method authorized under Missouri Rules of Civil Procedure.

2.3 Definitions

For clarity, the following terms are used in this Petition:
“Agreement” – the written contract dated [Effective Date] between Plaintiff and Defendant attached hereto as Exhibit A.
“Breach Date” – [Date] when Defendant failed to perform its obligations under the Agreement as alleged herein.

// -----------------------------------------------------------------------------

3. FACTUAL BACKGROUND

6. On or about [Date], Plaintiff and Defendant executed the Agreement, whereby Plaintiff agreed to [describe Plaintiff’s obligations] and Defendant agreed to [describe Defendant’s obligations/payment terms].
7. Plaintiff fully performed, or was ready, willing, and able to perform, all of its material obligations under the Agreement.
8. Beginning on the Breach Date, Defendant failed to [specific failure—e.g., pay the amounts due / deliver conforming goods / perform required services] in violation of the Agreement.
9. Plaintiff notified Defendant in writing of the default on [Date of Notice], and afforded Defendant an opportunity to cure as required under the Agreement. Defendant failed to cure.

// -----------------------------------------------------------------------------

4. CAUSE OF ACTION – BREACH OF CONTRACT

10. Plaintiff realleges and incorporates by reference Paragraphs 1 through 9 as though fully set forth herein.
11. The Agreement is a valid and enforceable contract supported by adequate consideration.
12. Plaintiff has performed all conditions precedent, or such conditions have occurred, been waived, or been excused.
13. Defendant materially breached the Agreement by [specific acts/omissions].
14. As a direct and proximate result of Defendant’s breach, Plaintiff has suffered damages in an amount to be proven at trial, but not less than $[__], plus prejudgment interest as permitted by law.

// -----------------------------------------------------------------------------

5. DAMAGES

15. Plaintiff seeks:
    a. Compensatory damages equal to all unpaid amounts under the Agreement;
    b. Consequential damages reasonably contemplated by the parties at the time of contracting;
    c. Pre- and post-judgment interest at the maximum legal rate; and
    d. Any other damages permitted under Missouri law.

// -----------------------------------------------------------------------------

6. CONDITIONS PRECEDENT & COMPLIANCE

16. All conditions precedent to suit have been satisfied, performed, or waived.
17. Plaintiff has complied with any contractual notice and cure provisions and with all applicable Missouri procedural requirements.

// -----------------------------------------------------------------------------

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
A. Monetary damages in an amount to be determined at trial, but not less than $[__];
B. Pre- and post-judgment interest as allowed by law;
C. Plaintiff’s reasonable attorneys’ fees and litigation costs;
D. Specific performance of contractual obligations, if applicable;
E. Temporary, preliminary, and permanent injunctive relief preserving the status quo and enjoining further breaches; and
F. Such other and further relief as the Court deems just and proper.

// -----------------------------------------------------------------------------

8. DEMAND FOR JURY TRIAL (Optional)

Pursuant to Missouri law, Plaintiff demands a trial by jury on all issues so triable.

[// GUIDANCE: Omit this section if Plaintiff wishes to waive a jury or if the contract contains an enforceable jury-waiver clause.]

// -----------------------------------------------------------------------------

9. INJUNCTIVE RELIEF PRESERVATION

Plaintiff reserves the right to seek expedited injunctive relief to prevent irreparable harm arising from Defendant’s ongoing breaches, without prejudice to any other remedy.

// -----------------------------------------------------------------------------

10. ATTORNEY FEE REQUEST

Plaintiff seeks recovery of its reasonable attorneys’ fees and costs pursuant to:
(a) the fee-shifting clause contained in Section [__] of the Agreement; and/or
(b) any applicable Missouri statute or common-law doctrine permitting an award of fees.

// -----------------------------------------------------------------------------

11. VERIFICATION (if elected)

STATE OF MISSOURI )
) ss.
COUNTY OF [____] )

I, [Name], being duly sworn, state that I am the [title/position] of Plaintiff;
I have read the foregoing Petition and the facts stated therein are true and correct
to the best of my knowledge, information, and belief.

[Name]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: _
[// GUIDANCE: Missouri practice generally does not require verification of petitions except where specifically mandated. Include only if strategic or contractually required.]

// -----------------------------------------------------------------------------

12. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Petition was served on all counsel of record and/or parties not represented by counsel via [method of service—e.g., Missouri e-filing system, U.S. Mail, personal service].

[Attorney Name], Mo. Bar No. [_]
Attorney for Plaintiff

// -----------------------------------------------------------------------------

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: []
Facsimile: []
Email: [__]

By: ________
[Attorney Name], # [MO Bar No.]

ATTORNEYS FOR PLAINTIFF
[// GUIDANCE: Missouri Rule 55.03 requires that every pleading be signed by at least one attorney of record, include the attorney’s Missouri Bar number, address, telephone, and email.]

// -----------------------------------------------------------------------------

EXHIBIT A – CONTRACT

[Attach a complete, legible copy of the Agreement, including all amendments, schedules, and relevant correspondence.]

[// GUIDANCE: Under Missouri pleading practice, attaching the contract to the Petition both satisfies Rule-based requirements and preempts motions to dismiss asserting failure to state a claim.]