Missouri Revised Statutes
Mo. Rev. Stat. § 509.110 (2026)
Pleading in alternative
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509.110. Pleading in alternative — consistency. — A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has whether based on legal or on equitable grounds or on both.
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(L. 1943 p. 353 § 42)
Notes of Decisions
Cited in 17
cases, 1953–2017 · leading case: Butler ex rel. Butler v. Circulus, Inc., 557 S.W.2d 469 (Mo. Ct. App. 1977).
Butler ex rel. Butler v. Circulus, Inc., 557 S.W.2d 469 (Mo. Ct. App. 1977). “4 We do not believe that this order was invalid on this ground; such an order must ordinarily be obeyed.”
Bratton v. Sharp Enter., Inc., 552 S.W.2d 306 (Mo. Ct. App. 1977). “W.2d 7 , 10 (Mo.App.1947), the court held that these provisions of a predecessor to Section 509.”
Steelhead Townhomes, L.L.C. v. Clearwater 2008 Note Prog., LLC, 537 S.W.3d 855 (Mo. Ct. App. 2017). “Clearwater argues that Steel-head is estopped from arguing that no enforceable contract existed, because it sued Clearwater ' (unsuccessfully) for breach of contract, and alleged that an enforceable contract existed for a twelvemonth loan.”
King v. Guy, 297 S.W.2d 617 (Mo. Ct. App. 1957). “As we have pointed out, an action for recovery of the consideration paid under a rescinded contract of sale and an action for damages for breach of warranty are wholly inconsistent and utterly repugnant, for the first necessitates and depends upon disaffirmance, but the latter…”
Laclede Gas Co. v. Hampton Speedway Co., 520 S.W.2d 625 (Mo. Ct. App. 1975). “12 (§ 509.110, RSMo.1969, Y.A.M.S.) with Federal Rule 8(e)(2), which contains the words “regardless of consistency,” see Comment, Inconsistent Pleading Under Missouri Statutes, 23 Mo.”
Korn v. Ray, 434 S.W.2d 798 (Mo. Ct. App. 1968). “, and § 509.110, RSMo 1959, V.A.M.S., which authorize and permit alternative pleading of a claim.”
Willits v. Peabody Coal Co., 400 S.W.3d 442 (Mo. Ct. App. 2013). “Interpreting the identical statutory provision, Section 509.110. . Stop the Beach was handed down by the Supreme Court of United States on June 17, 2010.”
Weir ex rel. Weir v. Brune, 262 S.W.2d 597 (Mo. 1953). “§ 509.110. It is the differing- transactions or occurrences giving rise to a claim that forms the basis of separate units of judicial action and not the differing legal theories or issues presented for recovery.”
Price v. Price, 311 S.W.2d 341 (Mo. Ct. App. 1958). “Section 509.110 provides that pleadings may be in the alternative; that a party may state as many separate claims or defenses as he has, legal or equitable.”
Ross v. Philip Morris Co., 164 F. Supp. 683 (W.D. Mo. 1958). “; section 509.110, V.A.M.S.) that basically the general wrong suffered and the general conduct causing the wrong are controlling considerations determining whether a new and independent claim is set forth by amendment to a complaint ; and that a change of legal theory of action…”
Terry v. Boss Hostel, Inc., 376 S.W.2d 239 (Mo. 1964). “§ 509.110, V.A.M.S. They were so pleaded, in separate paragraphs of defendant's answer, and were submitted to the jury by separate instructions.”
Dunning v. Alfred H. Mayer Co., 483 S.W.2d 423 (Mo. Ct. App. 1972). “12, § 509.110. When the essential provisions of the agreement are set forth specific performance is proper and possible.”
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