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GIUDICY v. GIUDICY MARBLE, TERRAZZO & TILE COMPANY

No. 46606.

329 S.W.2d 664 (1959)

Paul M. GIUDICY and Melva M. Giudicy, Respondents, v. GIUDICY MARBLE, TERRAZZO & TILE COMPANY, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied December 14, 1959.

Attorney(s) appearing for the Case

J. Marvin Krause, St. Louis, and Harold B. Bamburg, Clayton, for appellant.

Thurman, Nixon & Blackwell, Earl R. Blackwell, Hillsboro, for respondents.

Motion for Rehearing or to Transfer to Court en Banc Denied December 14, 1959.

BOHLING, Commissioner.

Paul M. Giudicy and Melva M. Giudicy, husband and wife, sued the Giudicy Marble, Terrazzo & Tile Company, a corporation, in three counts. We designate the parties as in the trial court. Plaintiffs, in Count I, sought a recovery for a balance allegedly due under a lease on premises owned by them for royalties based upon the tonnage of rock removed by defendant...

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