From the Circuit Court of the City of St. Louis; Civil Appeal; Judge Robert G. Dowd, Jr.; Reversed and Remanded With Directions
Motion for Rehearing Overruled, Transfer Denied October 4, 1983.
Before Crandall, P.j., Reinhard, Crist, JJ.
The opinion of the court was delivered by: Crist
Suit by appellant (undertaker) on written contract for an amount agreed to be paid by respondent (daughter) for the burial of her mother, Mrs. Janet Wallace. The jury found for daughter and against undertaker. We reverse with instructions to enter judgment for undertaker.
On December 16, 1978, undertaker prepared an itemized funeral contract showing funeral services and merchandise to be furnished for the burial of daughter's mother.
The contract further provided:
The purchaser personally agrees to pay the total amount due under this contract. The liability of the purchaser under this contract is in addition to any such liability imposed by law on any estate or others, and this contract shall not constitute a release or waiver of such liability. Purchaser shall be liable for all incurred costs, including reasonable attorney's fees, in the event legal proceedings are required to enforce collection of the amount due under this contract.
The contract was executed as follows:
We agree to provide the Funeral Service and
Merchandise indicated above.
HOFFMEISTER MORTUARIES, INC.
A1 Estate of Mrs. Janet ...