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SUPERIOR ICE & COAL CO. v. BELGER CARTAGE SERVICE, INC.

No. 47479.

337 S.W.2d 897 (1960)

SUPERIOR ICE AND COAL COMPANY, Appellant, v. BELGER CARTAGE SERVICE, INC., Respondent, J. J. Eisberg, Respondent-Appellant.

Supreme Court of Missouri, Division No. 1.

September 12, 1960.

Attorney(s) appearing for the Case

W. F. Woodruff, Lucian Lane, Woodruff & Lane, Kansas City, for appellant.

David R. Hardy, Lane D. Bauer, Donald K. Hoel, Kansas City (Sebree, Shook, Hardy & Ottman, Kansas City, of counsel), for respondent.

George L. Gisler, John A. Borron, Jr., Kansas City, for respondent-appellant.

HOLMAN, Commissioner.

In 1953 plaintiff discontinued the operation of its ice manufacturing plant located at the corner of Second and Delaware Streets in Kansas City, Missouri. On October 11, 1956, plaintiff entered into a written contract with defendant J. J. Eisberg whereby it sold to Eisberg all of the machinery, pipe and equipment in its said plant for $5,500 with the buyer to dismantle and remove all of said equipment. Eisberg engaged defendant Belger Cartage...

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