KESSLER v. MAILING MACHINES

No. 29926.

314 S.W.2d 259 (1958)

D. R. KESSLER, d/b/a Anchor Litho Company (Plaintiff), Respondent, v. MAILING MACHINES, Inc., a Corporation (Defendant), Appellant.

St. Louis Court of Appeals, Missouri.

June 14, 1958.


Attorney(s) appearing for the Case

Sam Weber, St. Louis, for appellant.

Harry Gershenson, St. Louis, for respondent.


JAMES D. CLEMENS, Special Judge.

The parties are not wholly agreed as to whether this is a replevin action or a suit for damages for breach of contract to sell a printing press. The petition is for replevin of the press and damages for withholding it. The plaintiff's evidence covered only damages for breach of sales contract, but his instructions sounded in replevin. The jury so wrote its verdict that the ensuing judgment conforming thereto transformed the action...

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