A virginia case is NOT binding in MO.
In response to that rather lame venue argument, how about a series of Missouri Appellate Court cases as “binding” in the State of Missouri!
Starting with
Brown v. Color Coating, Inc., Missouri Court of Appeals Southern District (1993) 867 SW2nd 242.
Quoting from the body of the decision:
“One of the points raised by the Insurer/defendant on this appeal is that the (circuit court) judgment was void because it was not sufficiently definite and certain to permit enforcement without resort to external proof or a further hearing. * * * we find the point determinative of this appeal * * *.”
“A judgment which is indefinite is void and unenforceable.”“An essential requirement of a judgment is that it be sufficiently certain in its terms to be susceptible of enforcement * * * without external proof or another hearing.”
“A judgment must fix the rights and responsibilities of the parties, with the obligor’s duties readily understood so as to be capable of performance and with the clerk able to issue, and the sheriff to levy execution.”Citing: Marriage of Dusting, 654 SW2nd 938; Ravenscroft v. Ravenscroft, 585 SW2nd 270; Payne v. Payne 695 SW2d 494; Luna v. Grisham, 620 SW2d at 428.
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Also consider
Burke v. Hutton, Mo. App E. Dist, 242 SW3rd 431 and
Reid V. Steelman, Mo. App. W. Dist 210 SW3rd 273, and
In Marriage of Boston, Mo. App. S Dist, 104 SW3rd 825.
“
A potentially void judgment may be impeached in any proceeding in which it is sought to be enforced or in which its validity is questioned.”
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Is it necessary to call attention to the fact that the same definiteness and certainty principle applies equally in contract law?
17 American Jurisprudence - Contracts - Section 181
“To be enforced a contract must be definite and certain as to its terms and requirements.”
“The parties obligation must be so defined so that the adequacy of performance can be ascertained.”
Perhaps you would care to explain your position as to why a bare commitment by a parent in a postnuptial agreement to assume the costs of a child’s post high school education – such as you have recommended with “
pay for college” -
Without reservation or specification as to the institution, the nature, the period and cost of the education – tuition, books, housing, housing, food, clothing, medical, travel, etc., -
Is not so indefinite and uncertain as to be unenforceable under the authorities as cited.
Would you consider you suggestion of “
pay for college” as readily understood and as fixing and ascertaining the obligor’s performance?
Sax