Judge Tosses Manufacturer's $1M Action on Account Claim for 'Theoretical Scenarios'

"So, yes, of course it is possible to plead and collect on both a breach of contract claim and an action on account in a single case. The question here, though, is not an academic one in the abstract; the question is whether this plaintiff pleaded facts in this first amended complaint to support an action on account under Missouri law. And the answer simply is 'no,'" wrote U.S. District Judge Matthew T. Schelp.