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LEBCOWITZ v. SIMMS

No. 29660.

300 S.W.2d 827 (1957)

Julius LEBCOWITZ (Plaintiff), Respondent, v. Dennis SIMMS and Frank G. Kiddo, d/b/a Dennis Auto Sales, and Mound City Trust Company, Defendants, Dennis Simms and Frank G. Kiddo, Appellants.

St. Louis Court of Appeals, Missouri.

April 2, 1957.

Attorney(s) appearing for the Case

Dan P. Reardon, Joseph G. Stewart, St. Louis, for appellants.

James F. Koester, St. Louis, for respondent.

WOLFE, Commissioner.

This is an action in which the plaintiff seeks actual and punitive damages and the cancellation of a note. The alleged damages arose out of the sale of an automobile to plaintiff by defendants Simms and Kiddo. The action against them is bottomed on a fraudulent failure to deliver a certificate of ownership at the time the automobile was purchased. The defendant Mound City Trust Company was the holder of the note that the plaintiff seeks to have...

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