E. L. Dill and Helen Dill v. Poindexter

E. L. Dill and Helen Dill (collectively called "the Dills") instituted this action for a declaratory judgment 1 against
Poindexter Tile Company, a corporation, Poindexter Carpet And Linoleum, Inc., a corporation, and Arl W. Poindexter, Jr. (denominated
as "the Poindexters" in the aggregate) in the Circuit Court of Greene County. A judgment without jury aid was rendered favorable
to the Dills and the Poindexters have appealed. For several years the Poindexters had provided the Dills, who were in the construction business, with labor and materials
and their dealings gave rise to a host of controversies. Some of the disputes found their way into court, not the least of
which were cases numbered 49031, 51227 and 50190, 2 described as being "now pending in the Circuit Court of Greene County,
Missouri." Probably near the first of March 1967, in an apparent effort to resolve their differences, Arl Poindexter prepared
in his own hand a "to Whom It May Concern" document which both he and E. L. Dill signed. Later, i.e., "in December of 1967
or early in January of 1968," the Dills and the Poindexters executed a written contract dated "this day of December, 1967,"
which was drawn by their attorneys ostensibly for the same reasons which prompted preparation of the earlier agreement.