NICKERSON v. WHALEN

No. 21758.

253 S.W.2d 502 (1952)

NICKERSON v. WHALEN.

Kansas City Court of Appeals, Missouri.

December 8, 1952.


Attorney(s) appearing for the Case

C. W. Allen, Rock Port, John M. Gerlash, Tarkio, for appellant.

Fred Kling and E. L. Redman, Albany, for respondent.


DEW, Judge.

The plaintiff (appellant) sued to recover a balance claimed to be due him from defendant on a written lease to defendant of a "caterpillar" grading tractor. Defendant denied the claim, alleging breach of contract by the plaintiff, rescission by the defendant, and pleaded a counterclaim for damages for the breach, and a counterclaim for grading work done for the plaintiff. Verdict was for the defendant on, plaintiff's petition, and for the defendant on...

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