MORRISON v. CASPERSEN

No. 46908.

323 S.W.2d 697 (1959)

Charles H. MORRISON, Respondent, v. Victor H. CASPERSEN, Individually and as Officer of Fre-Zert, Inc., and Vix Ice Cream Company; John B. Caspersen, Individually and as Officer of Fre-Zert, Inc., and Vix Ice Cream Company; Ervin O. Lenzen, Individually and as Officer of Fre-Zert, Inc., and Vix Ice Cream Company; Fre-Zert, Inc., a Missouri Corporation; and Vix Ice Cream Company, a Missouri Corporation, Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing, Correction of Opinion or to Transfer Denied April 13, 1959.


Attorney(s) appearing for the Case

Fred Armstrong, F. G. Armstrong, St. Louis, for appellants.

J. Leonard Schermer, Gerhard J. Petzall, St. Louis, Shifrin, Treiman, Agatstein & Schermer, St. Louis, of counsel, for respondent.


Motion for Rehearing, Correction of Opinion or to Transfer to Court en Banc Denied April 13, 1959.

COIL, Commissioner.

For a number of years Mr. Victor H. Caspersen, doing business as Vix Ice Cream Company, manufactured and sold ice cream in St. Louis. Some time prior to 1951 he developed a formula for an imitation ice cream which he called Fre-Zert and which contained vegetable instead of butter fat. In July 1951 Victor's son, John, and his son-in-law, Ervin...

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