AUFFENBERG LINCOLN-MERCURY v. WALLACE

No. 30098.

318 S.W.2d 528 (1958)

AUFFENBERG LINCOLN-MERCURY, Inc., a corporation (Plaintiff), Appellant, v. Richard G. WALLACE (Defendant), Respondent.

St. Louis Court of Appeals, Missouri.

Rehearing Denied December 30, 1958.


Attorney(s) appearing for the Case

Limbaugh & Limbaugh, Stephen N. Limbaugh, Cape Girardeau, for appellant.

R. P. Smith, Cape Girardeau, for respondent.


DOERNER, Commissioner.

This is a suit on a note, secured by a conditional sales contract, executed and delivered by defendant in connection with his purchase of a station wagon from the plaintiff. The court below sustained defendant's motion to dismiss plaintiff's petition for failure to state a claim upon which relief could be granted, and after a trial without a jury, found for defendant in the sum of $1,406.25 on his counterclaim. Subsequent to the overruling of...

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