SIDES v. CONTEMPORARY HOMES

No. 29911.

311 S.W.2d 117 (1958)

Harold R. SIDES, d/b/a Acme Asphalt Paving Co., (Plaintiff) Respondent, v. CONTEMPORARY HOMES, Inc., a Corporation, and Kemp and Edwards Construction Co., a Corporation, (Defendants) Appellants.

St. Louis Court of Appeals, Missouri.

March 4, 1958.


Attorney(s) appearing for the Case

Hinkel & Carey, Clifford L. Goetz, St. Louis, for appellants.

Lloyd E. Eaker, St. Louis, for respondent.


JAMES D. CLEMENS, Special Judge.

We feel it necessary to deal first with a point raised by neither party below, and only casually here. Plaintiff sued two corporations, Contemporary Homes, Inc., and Kemp and Edwards Construction Co., alleging joint liability. The evidence of both plaintiff and defendants showed that only Contemporary Homes, Inc., was involved. Joint motions of defendants for directed verdicts were denied. This was clear error as to defendant Kemp...

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