Before breach.

527.030. A contract may be construed either before or after there has been a breach thereof.

 

Rule 87.03 clarifies that a party to a contract need not wait until after breach of the contract to obtain a declaration of his rights under the contract. See City of Camdenton v. Sho-Me Power Corp., 361 Mo. 790, 237 S.W.2d 94 (Mo.1951). This is in keeping with a declaratory action's purpose of dispelling uncertainty before an actual loss occurs. E.g. Lake Ozark Const. Industries, Inc. v. North Port Associates, 859 S.W.2d 710 (Mo.App. W.D.1993).

2. Statutory Counterpart. The Rule is identical to § 527.030, R.S.Mo. (1994).

Regardless of the timing of the action, however, one who seeks declaratory relief must have a present interest in the contract, and there must be a present legal controversy regarding it.[FN5]

 

Suits to determine interest and quiet title, how instituted--effect of judgment.

527.150. 1. Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in possession or not, may institute an action against any person or persons having or claiming to have any title, estate or interest in such property, whether in possession or not, to ascertain and determine the estate, title and interest of said parties, respectively, in such real estate, and to define and adjudge by its judgment or decree the title, estate and interest of the parties severally in and to such real property.

2. And upon the trial of such cause, if same be asked for in the pleadings of either party, the court may hear and finally determine any and all rights, claims, interest, liens and demands, whatsoever of the parties, or of any one of them, concerning or affecting said real property, and may award full and complete relief, whether legal or equitable, to the several parties, and to each of them, as fully and with the same force and effect as the court might or could in any other or different action brought by the parties, or any one of them, to enforce any such right, claim, interest, lien or demand, and the judgment or decree of the court when so rendered shall be as effectual between the parties thereto as if rendered in any other, different or separate action prosecuted therefor.

Temporary injunction, when granted.

526.050. When it shall appear by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists, in restraining the commission or continuance of some act of the defendant, the commission or continuance of which, during the litigation, would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens or is about to do, some act in relation to the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.

 

Remedy by injunction to exist, in what cases--prohibition.

526.030. The remedy by writ of injunction or prohibition shall exist in all cases where a cloud would be put on the title of real estate being sold under an execution against a person, partnership or corporation having no interest in such real estate subject to execution at the time of sale, or an irreparable injury to real or personal property is threatened, and to prevent the doing of any legal wrong whatever, whenever in the opinion of the court an adequate remedy cannot be afforded by an action for damages.

Filing of petition and return of injunction bond.

526.040. Before any party shall be entitled to the injunction herein provided, he shall have filed in the circuit court, or in the office of the clerk thereof, having jurisdiction of the suit, his petition setting forth his cause of action; and when the injunction shall be granted by the circuit judge, it shall be in writing, signed by the judge, and returned together with the bond, to the office of the clerk of the circuit court wherein such petition shall have been filed, and become a part of the record in said cause.

Injunction bond.

526.070. No injunction, unless on final hearing or judgment, shall issue in any case, except in suits instituted by the state in its own behalf, until the plaintiff, or some responsible person for him, shall have executed a bond with sufficient surety or sureties to the other party, in such sum as the court or judge shall deem sufficient to secure the amount or other matter to be enjoined, and all damages that may be occasioned by such injunction to the parties enjoined, or to any party interested in the subject matter of the controversy, conditioned that the plaintiff will abide the decision which shall be made thereon, and pay all sums of money, damages and costs that shall be adjudged against him if the injunction shall be dissolved. In lieu of the bond the plaintiff may deposit with the court such sum, in cash, as the court may require, sufficient to secure such amounts.

Joint contracts to be construed as joint and several.

431.110. All contracts which, by the common law, are joint only, shall be construed to be joint and several.