HEUER v. ULMER

No. 44288.

273 S.W.2d 169 (1954)

Herbert HEUER and Ervin Heuer, Plaintiffs-Appellants, v. J. E. ULMER, Defendant-Appellant.

Supreme Court of Missouri. Division No. 2.

December 13, 1954.


Attorney(s) appearing for the Case

J. Grant Frye, Cape Girardeau, for plaintiff.

Stephen Barton, Benton, Thomas L. Arnold, Benton, for defendant.


TIPTON, Presiding Judge.

Plaintiffs filed their petition in the circuit court of Scott County in two counts. The first count was on a note for $2,756.33 which was executed as part of the purchase price of a Massey-Harris combine. Count two was for $271.36, the purchase price of parts used to repair the combine. The answer of defendant contained a counterclaim for $12,786 for damages sustained by defendant because defendant was unable to fulfill contracts he had to...

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