Court of Appeals of Missouri, Western District, First Division
from the Circuit Court of Jackson County The Honorable
Justine E. Del Muro, Judge.
Before: Cynthia L. Martin, P.J., and Victor C. Howard and
Alok Ahuja, JJ.
Quality Foods, LLC ("IQ Foods") sued Kansas City
Steak Company, LLC and its owner National Beef Packing
Company, LLC (collectively "KC Steak"), alleging
that KC Steak had failed to pay IQ Foods commissions it was
owed under a contract between the parties. The circuit court
granted KC Steak's motion for summary judgment. IQ Foods
appeals. We reverse, and remand the case to the circuit court
for further proceedings.
September 7, 2012, KC Steak's President Ed Scavuzzo and
IQ Foods' owner Brandon Lobaugh executed a one-page
"marketing/brokerage agreement." Pursuant to the
contract, KC Steak would pay IQ Foods commissions on beef
products sold by KC Steak to the restaurant customers listed
in the agreement. Specifically, the contract provided:
We agree to a marketing/brokerage agreement of $.08 on all
products for the following customers as of the signed date:
• TGI Friday's
o 2013 Top Butts only at $.05 vs. $.08
• ABRH Holding's [sic] (inclusive to all
• Steakco (Texas Land and ...