Mo. Rev. Stat. » Chapter 431
Missouri Revised Statutes

Mo. Rev. Stat. § 431.110 (2026)

Joint contracts to be construed as joint and several

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

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

­­--------

(RSMo 1939 § 3340)

Prior revisions: 1929 § 2953; 1919 § 2155; 1909 § 2769

CROSS REFERENCE:

Joint liability of partners, partnership contracts, 358.150

Notes of Decisions
Cited in 13 cases, 1959–2019 · leading case: Schubert v. Trailmobile Trailer, L.L.C., 111 S.W.3d 897 (Mo. Ct. App. 2003).
Sort: Relevance Newest Treatment
Schubert v. Trailmobile Trailer, L.L.C., 111 S.W.3d 897 (Mo. Ct. App. 2003). · cites it 3× “Section 431.110, RSMo (2000) provides that "[a]ll contracts which, by the common law, are joint only, shall be construed to be joint and several.”
Moore v. Seabaugh, 684 S.W.2d 492 (Mo. Ct. App. 1984). · cites it 3× “However, in addition to the common law understanding of joint and several liability under the terms of a contract, section 431.110, RSMo.1978, provides that “[a]ll contracts which, by the common law, are joint only, shall be construed to be joint and several.”
Blew v. Conner, 328 S.W.2d 626 (Mo. 1959). · cites it 4× “There has been some discussion of the effect of this section when contrasted with section 431.110, providing that all common-law joint contract liabilities shall be construed to be joint and several; and it has been said that the legislature's action seems to recognize…”
Cohn v. Dwyer, 959 S.W.2d 839 (Mo. Ct. App. 1997). · cites it 3× “1989); Section 431.110 RSMo. (1994). In the instant case, the jury found that both James and Noel Dwyer were liable on the oral indemnification agreement.”
Justus v. Webb, 634 S.W.2d 567 (Mo. Ct. App. 1982). · cites it 2× “Further, this rule is not affected by § 431.110 RSMo 1978 which states: “All contracts which, by the common law, are joint only, shall be construed to be joint and several.”
Kay v. Freeman, 785 S.W.2d 90 (Mo. Ct. App. 1990). · cites it 3× “Section 431.110, RSMo 1986; Thomas v. Schapeler, 92 S.”
Don L. Tullis & Assocs., Inc. v. Gover, 577 S.W.2d 891 (Mo. Ct. App. 1979). “” The rules set forth in Illinois Fuel include the following: 1. Under the common law, where two or more persons undertake the performance of an obligation, the presumption is that the undertaking was joint.”
Suburban Bus. Prods., Inc. v. T.E. Schmitt Co., 796 S.W.2d 77 (Mo. Ct. App. 1990). · cites it 2× “Consequently, pursuant to RSMo § 431.110 (1986), 1 the parties are jointly and severally liable on the contract.”
Eul v. Beard, 47 S.W.3d 424 (Mo. Ct. App. 2001). · cites it 2× “In so holding, we note that § 431.110 provides that “[a]ll contracts which, by the common law, are joint only, shall be construed to be joint and several.”
Lowes v. Penrod, 767 S.W.2d 616 (Mo. Ct. App. 1989). · cites it 3× “Specifically relevant to this case are sections 431.110 and 431.150, RSMo 1986. Section 431.”
State ex rel. McPherson v. United Bonding Ins. Co., 446 S.W.2d 158 (Mo. Ct. App. 1969). “In the view we have taken of the case it is unnecessary to consider the effect of Sections 431.110 through 431.140, or to discuss whether the bond as actually written supports defendant’s interpretation of it.”
Fid. Real Est. Co. v. Joyce E. Norman, 586 S.W.3d 873 (Mo. Ct. App. 2019). “See § 431.110 (“All contracts which, by the common law, are joint only, shall be construed to be joint and several.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.