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Missouri Revised Statutes

Mo. Rev. Stat. § 509.250 (2026)

Pleadings, how construed

✓ current as of May 2026
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  509.250.  Pleadings, how construed. — All pleadings shall be so construed as to do substantial justice.

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(L. 1943 p. 353 § 57)

Notes of Decisions
Cited in 15 cases, 1952–1978 · leading case: King v. Guy, 297 S.W.2d 617 (Mo. Ct. App. 1957).
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King v. Guy, 297 S.W.2d 617 (Mo. Ct. App. 1957). · cites it 16× “See also Section 509.250, RSMo 1949, V.A.M.S., and Hunter v.”
Downey v. United Weatherproofing, Inc., 253 S.W.2d 976 (Mo. 1953). · cites it 3× “Plaintiffs in their first amended petition allege that they were individuals engaged in the weatherproofing business at Joplin, and that, on April 20, 1950, plaintiffs entered into an agreement in writing with one Elmer Hupperfelt whereby plaintiffs agreed to furnish insulation…”
Zuber v. Clarkson Constr. Co., 251 S.W.2d 52 (Mo. 1952). · cites it 3× “Plaintiffs-appellants contend their petition states facts imposing the duty upon defendant to take precautions to protect decedent *356 from harm; that defendant was negligent in failing to discharge its duty; and that, as a direct and proximate result of defendant’s negligence,…”
Pretsky v. Sw. Bell Tel. Co., 396 S.W.2d 566 (Mo. 1965). · cites it 3× “The facts pleaded do not constitute what could be considered to be extreme and outrageous conduct.”
Hilderbrand v. Anderson, 270 S.W.2d 406 (Mo. Ct. App. 1954). · cites it 4× “We are enjoined that “all pleadings shall be so construed as to do substantial justice” (Section 509.250; DeVault v. Truman, 354 Mo.”
Wells v. Henry W. Kuhs Realty Co., 269 S.W.2d 761 (Mo. 1954). · cites it 3× “2d 25 ; Section 509.250 RSMo 1949, V.A.M.S. It is the generally accepted view that a violation of a statutory duty or the violation of a municipal ordinance designed for the protection of the person claiming to have been injured by reason of the violation is negligence per se.”
Matthews v. Truxan Parts, Inc., 327 S.W.2d 28 (Mo. Ct. App. 1959). · cites it 5× “See also Section 509.250, RSMo 1949, V.A.M.S., and Hunter v.”
Moore v. Glasgow, 366 S.W.2d 475 (Mo. Ct. App. 1963). · cites it 2× “26; Section 509.250] and of the blunt judicial admonition that “(a)ssignments of error in a motion for new trial should be given liberal construction” [Stroh v.”
Mathews v. Pratt, 367 S.W.2d 632 (Mo. 1963). · cites it 2× “2d 205 , we held that if the facts alleged in equity justified the court in declaring a trust on any theory, the petition should be considered sufficient, citing cases.”
Fish v. Fish, 307 S.W.2d 46 (Mo. Ct. App. 1957). · cites it 2× “” Upon this appeal, the determinative issue is whether the first count of plaintiff’s petition (to which we hereinafter refer as the petition), “so construed as to do substantial justice” [Section 509.250], states “a claim upon which relief can be granted.”
Dugan v. Trout, 271 S.W.2d 593 (Mo. Ct. App. 1954). · cites it 2× “4 Since defendant failed to plead either compliance with, or waiver of, the conditions precedent imposed upon him by the express written warranty, we are of the opinion that defendant’s amended answer was insufficient, under the facts of the instant case, to have permitted his…”
Wallis v. St. Louis Cnty., 563 S.W.2d 93 (Mo. Ct. App. 1978). · cites it 2× “Louis County by means of two different deeds. According to the petition, however, plaintiff conveyed 160.”
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