KMS, INC., Appellant, v. CLYDE WILSON, DORIS WILSON, RICHARD COMPTON, Respondents., 857 S.W.2d 525

Summary

In its complaint, the Kansas corporation alleged that it sold coffee to the purchasers and that the purchasers failed to pay for that coffee. The trial court dismissed the Kansas corporation's action on the ground that the Kansas corporation did not prove its corporate existence and therefore did not have the capacity to sue. Furthermore, the trial court held that the Kansas corporation failed to prove that it was authorized to do business in the state of Missouri and therefore it was precluded from maintaining a lawsuit in Missouri. On appeal, the Kansas corporation maintained that the trial court erred by dismissing the case because the purchasers failed to contest the issue by pleading the special negative averment as was required by Mo. R. Civ. P. 55.13. The court held that the trial court did err because Rule 41.10(f) provided that Rule 55 was applicable to cases pending and heard by an associate district judges. Therefore, the court held that the purchasers had the burden to ...