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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987)

Citation
Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987)
Parent Document
Lastra v. Intercontinental Investments Co., 745 S.W.2d 703 (1987)
Jurisdiction
Missouri (state)
Effective Date
1987-12-22

Full Text

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The primary purpose of all statutory construction and application is to ascertain the intent of the legislature. A statute is not to be subjected to such a strained or narrow interpretation of the language as to defeat the purpose of the enactment. Cook v. Burke, 693 S.W.2d 857, 861 (Mo.App.1985). If a statute gives a remedy in the affirmative for a matter which was actionable at common law, this does not take away the common law remedy. But where a new right or means to acquire the right are given and the statute also provides an adequate remedy, then the injured parties are confined to the statutory remedy. Everett v. County of Clinton, 282 S.W.2d 30, 34 (Mo.1955); see also Ridings v. Thoele, Inc., 739 S.W.2d 547 (Mo. banc 1987).