WESTERN AUTO SUPPLY COMPANY v. BANNER

No. 29329.

288 S.W.2d 402 (1956)

WESTERN AUTO SUPPLY COMPANY, a Corporation (Plaintiff), Appellant, v. Jack BANNER, Doing Business as Western Tire Auto Stores (Defendant), Respondent.

St. Louis Court of Appeals. Missouri.

March 20, 1956.


Attorney(s) appearing for the Case

Edward T. Matheny, Jr., and Caldwell, Downing, Garrity & Eastin, Kansas City, and Oliver & Oliver, Cape Girardeau, for appellant.

Strom & Spradling, Cape Girardeau, for respondent.


MATTHES, Judge.

Defendant's motion to dismiss plaintiff's petition on the ground that the issues raised by the pleadings had become moot was sustained and judgment was rendered against plaintiff. From this action plaintiff has appealed to this court.

In substance the petition alleged that plaintiff, a corporation, has conducted its business under the corporate name of Western Auto Supply Company, and under the trade...

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