WHITE v. LEMLEY

No. 47238.

328 S.W.2d 694 (1959)

Clifford B. WHITE, Sr., Appellant, v. Boyd LEMLEY, Respondent.

Supreme Court of Missouri, Division No. 1.

November 9, 1959.


Attorney(s) appearing for the Case

Strubinger, Tudor, Tombrink & Wion, St. Louis, Jay White, White & White, Rolla, for appellant.

Dewey A. Routh, Rolla, Gerald F. Branigin, Franklin, Ind., for respondent.


WESTHUES, Judge.

Plaintiff filed this suit in the Phelps County Circuit Court to recover from the defendant the sum of $65,000 as the reasonable value of services rendered to the defendant at his verbal instance and request. A trial was had before the court without a jury and a judgment was entered in defendant's favor. Plaintiff, after being unsuccessful in obtaining a new trial, appealed to this court.

It was defendant's trial theory, as it is here, that...

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