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Missouri Revised Statutes

Mo. Rev. Stat. § 527.030 (2026)

Before breach

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  527.030.  Before breach. — A contract may be construed either before or after there has been a breach thereof.

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(RSMo 1939 § 1128)

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1951–2021 · leading case: Midwest Div.-Oprmc, LLC v. Dept. Soc. Serv., 241 S.W.3d 371 (Mo. Ct. App. 2007).
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Midwest Div.-Oprmc, LLC v. Dept. Soc. Serv., 241 S.W.3d 371 (Mo. Ct. App. 2007). · cites it 2× “Section 527.030 provides that “A contract may be construed either before or after there has been a breach thereof.”
Magenheim v. Bd. of Educ. of the Sch. Dist. of Riverview Gardens, 347 S.W.2d 409 (Mo. Ct. App. 1961). · cites it 2× “(Section 527.030). Section 527.-010 through Section 527.”
Peters v. Bd. of Educ. of the Reorganized Sch. Dist. No. 5 of St. Charles Cnty., 506 S.W.2d 429 (Mo. 1974). · cites it 2× “” Section 527.030 provides: “A contract may be construed either before or after there has been a breach thereof.”
City of Camdenton v. Sho-Me Power Corp., 237 S.W.2d 94 (Mo. 1951). “It is further' apparent that respondent would be embarrassed in finding a market for its bonds, if, indeed, it would not be impossible, until this question is settled.”
Lake Ozark Constr. Indus., Inc. v. North Port Assocs., 859 S.W.2d 710 (Mo. Ct. App. 1993). · cites it 2× “§ 527.030 RSMo 1986. Although the court dismissed the suit for declaratory judgment, the court did define the rights of the parties.”
St. Louis Teachers Ass'n v. Bd. of Educ. of the St. Louis, 467 S.W.2d 283 (Mo. Ct. App. 1971). · cites it 3× “As indicated by the court, Section 527.030, RSMo 1969, V.A.M.S., specifically provides for such an action prior to a breach of contract.”
Bassam Khalil v. 3HB Corp., 621 S.W.3d 1 (Mo. Ct. App. 2021). · cites it 2× “” Section 527.030. Declaratory judgment was appropriate here because while the jury could determine the existence of a past breach of contract and any damages due on Respondents’ breach of contract claim, the jury could not declare the rights of the parties going forward.”
Thomas Hootselle, Jr. v. Missouri Dep't of Corr., No. WD82229 (Mo. Ct. App. Oct. 8, 2019). “” § 527.030. Here, the circuit court, in granting the officers’ declaratory judgment count, construed the contract after there was a breach by DOC, which is fully contemplated by the express provisions of the Declaratory Judgment Act.”
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