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RAPE v. MID-CONTINENT BUILDING COMPANY

No. 22644.

318 S.W.2d 519 (1958)

Joe RAPE and Billy Joe Rape, d/b/a J & J Sodding Company (Plaintiffs), Appellants. v. MID-CONTINENT BUILDING COMPANY, a corporation; T. J. Bettes Company, Republic National Bank of Dallas, a corporation; William H. Wambold and Guilty Wambold; Marlin J. Jordan and Ruth v. Jordan; Robert W. Markey and Eva Markey; Paul R. Gregg and K. Rosemary Gregg; George Freeman and Rayona Freeman; Elbridge B. Ousley and Ovada Ousley; John Clifton Arnold and Jo Ann Arnold; James Leonard Corless, Jr. and Mary F. Corless; James Henry Cook and Millison I. Cook; Leiand R. Olinger and Fern L. Olinger; Lewis Clare Bethards and Satsuki Bethards; Clare E. Guinter and Winifred M. Guinter; Leo A. Karawsky and Virginia Karawsky; Richard G. Haffa and Lucille K. Haffa; Roy O. Shoemaker and Edna M. Shoemaker; Fred Owen Herndon and Dorothy M. Herndon; Robert Earl Jackson and Barbara D. Jackson; Milton R. Skinner and Wilma D. Skinner; Eugene D. Caselman and Avenelle Caselman; Robert A. Lanier and Frances L. Lanier; William Henry Maul and Emma Maul; Vermont Follet, Jr. and Mary B. Follet; Francis E. Kelly and Beatrice A. Kelly (Defendants), Respondents.

Kansas City Court of Appeals, Missouri.

October 6, 1958.

Attorney(s) appearing for the Case

Edwin Earnshaw, Kansas City, and Donald C. Earnshaw, Lee's Summit, for appellants.

Johnson, Lucas, Bush & Gibson, by William A. Cameron, Kansas City, for respondents.

CAVE, Judge.

This is an appeal by the plaintiffs from a judgment of the Circuit Court of Jackson County at Independence, sustaining defendants' motion to dismiss the petition.

The petition is in 25 counts. The material part of the first count is that the defendant Mid-Continent Building Company was a subdivider and owner of 42 lots in Jackson County and all located outside of Kaw Township; that about January, 1956, Mid-Continent orally employed...

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