FITZPATRICK v. FEDERER

No. 46585.

315 S.W.2d 826 (1958)

James L. FITZPATRICK and Lena M. Fitzpatrick, Appellants, v. William FEDERER, Federer Realty Company, a Corporation, Peter Bouckaert, Elmer A. Sander, and Lester A. Liebmann, Respondents.

Supreme Court of Missouri, Division No. 1.

September 8, 1958.


Attorney(s) appearing for the Case

J. L. London, St. Louis, Louis L. Hicks, Clayton, for appellants.

James H. Zipf, St. Louis, for respondents William Federer, Federer Realty Co., Peter Bouckaert and Lester A. Liebmann.

Kappel & Neill, St. Louis, for respondent Elmer A. Sander.


COIL, Commissioner.

Respondents' separate motions to dismiss plaintiffs' petition were sustained on the ground that it failed to state a claim on which relief could be granted. Plaintiffs appealed from the ensuing judgment. Thus, the sole question here is whether the petition states facts which may invoke the application of principles of substantive law which would entitle plaintiffs to the relief sought. Gerber v. Schutte Investment Co., 354 Mo. 1246, 194 S.W.2d...

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