Id. Further, in Davis v. Carmichael, 755 S.W.2d 679, 682 (Mo.App.E.D. 1988), this Court also affirmed dismissal of plaintiff's petition because Davis, an officer and 49% stockholder of Strategic Earth Resources Corporation ("SERC"), lacked standing to sue as an individual for an alleged fraudulent contractual representation to SERC. There, Davis alleged that he relied upon representations made in an agreement between SERC and defendant Kennametal and invested large sums of money in SERC.
In reviewing a trial court's order dismissing a claim, we accept all properly pleaded facts as true, we give the pleadings their broadest intendment, and we construe all allegations favorably to the pleader. Davis v. Carmichael, 755 S.W.2d 679, 680 (Mo.App. 1988); See Sofka v. Thal, 662 S.W.2d 502, 506 (Mo. banc 1983). A petition is sufficient if it invokes substantial principles of law which entitle the plaintiff to relief and informs the defendant of what the plaintiff will attempt to establish at trial.
Maria Montgomery's affidavit established that plaintiffs made no representations to her as an individual. See Davis v. Carmichael, 755 S.W.2d 679, 682 (Mo.App. 1988). Any alleged representations were made to the corporation.
If a trial court fails to state a basis for its dismissal we will presume it is based on grounds stated in the motion to dismiss. Davis v. Carmichael, 755 S.W.2d 679, 680 (Mo.App. 1988). In the instant case, the trial court sustained defendant's motion to dismiss because "the defendant is under no obligation to require payment bond, and therefore, plaintiff fails to state a cause of action for which relief can be granted."
We consider any attached exhibits as part of the petition for all purposes. Davis v. Carmichael, 755 S.W.2d 679, 680 (Mo.App. 1988). Rule 55.12.
Where a trial court fails to state a basis for its dismissal, we presume the dismissal is based on the grounds stated in the motion to dismiss. Davis v. Carmichael, 755 S.W.2d 679, 680 (Mo.App. 1988). We must affirm if the dismissal can be sustained on any ground supported by the motion to dismiss.
Because relator's petition was dismissed for failure to state a cause of action we must consider as true all well pleaded facts. Davis v. Carmichael, 755 S.W.2d 679, l.c. 680 (Mo.App. 1988). Relator alleged that he owns a parcel of real estate in the City of Kirkwood.
Id. We consider any attached exhibits as part of the petition for all purposes. Davis v. Carmichael, 755 S.W.2d 679, 680 (Mo.App. 1988). Rule 55.12.
In reviewing a motion to dismiss for failure to state a claim, this court construes the sufficiency of the petition liberally and all facts properly pled are taken as true and are accorded every reasonable intendment as a valid statement of a claim. Davis v. Carmichael, 755 S.W.2d 679, 680 (Mo.App., E.D. 1988). In addition to reviewing the petition, we also review any attached exhibits in making our determination; such exhibits are considered to be part of the petition for all purposes. Id.; Rule 55.12. Finally, where as here, the trial court fails to state a basis for its dismissal of a cause of action, this court presumes the dismissal is on the grounds stated in the motion to dismiss.