No. 46651.

321 S.W.2d 657 (1959)

Sam TEMPERATO, Respondent, v. Walter HORSTMAN, Constance Horstman, Emil M. Ehrlacher and Theresa Ehrlacher, Appellants.

Supreme Court of Missouri, Division No. 2.

March 9, 1959.

Attorney(s) appearing for the Case

Aubrey B. Hamilton, Richard A. Hetlage, St. Louis, for appellants.

Blumenfeld & Abrams, Harold J. Abrams, Stanley M. Rosenblum, St. Louis, for respondent.

EAGER, Judge.

In this suit plaintiff sought damages for the breach of a contract which may initially be described as a "Dairy Queen" franchise for a territory in the City of St. Louis; he also sought certain injunctive relief. He recovered damages of $29,843.60 and was given a permanent injunction. Defendants had filed counterclaims, which were ruled adversely and which will be referred to later. The case was tried to the court. After an unsuccessful motion for a...

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