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DENNEY v. SPOT MARTIN, INC.

No. 7783.

328 S.W.2d 399 (1959)

C. F. DENNEY d/b/a Joplin Lime Products Company, Plaintiff-Respondent, v. SPOT MARTIN, INC., Defendant-Appellant.

Springfield Court of Appeals. Missouri.

October 21, 1959.

Attorney(s) appearing for the Case

David Waldman, Kansas City, Clifford H. Casey, Joplin, for defendant-appellant.

Paul E. Bradley, William O. Russell, Joplin, for plaintiff-respondent.

STONE, Presiding Judge.

In this jury-tried action on quantum meruit for the reasonable value of chat removed by defendant, Spot Martin, Inc., from a chat pile which plaintiff, C. F. Denney d/b/a Joplin Lime Products Company, had a right to sell, defendant appeals from a judgment of $5,871.40. Defendant admitted in the trial court, and here admits, its indebtedness to plaintiff in the sum of $1,237.56, this figure reflecting defendant's contention that it removed from...

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