McCLELLAN v. SAM SCHWARTZ PONTIAC, INC.

No. 47931.

338 S.W.2d 49 (1960)

Gerald E. McCLELLAN, Appellant, v. SAM SCHWARTZ PONTIAC, INC., a Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied September 12, 1960.


Attorney(s) appearing for the Case

Dwight Beals, Kansas City, for appellant.

D. Dwayne Tarver, Howard D. Lay, Morris & Lay, Kansas City, for respondent.


Motion for Rehearing or to Transfer to Court en Banc Denied September 12, 1960.

HOLMAN, Commissioner.

In this suit plaintiff Gerald E. McClellan sought to recover from defendant actual damages in the sum of $1,242.33 and punitive damages in the sum of $25,000. The defendant filed a motion to dismiss which was sustained by the court and a judgment of dismissal was entered accordingly. Plaintiff has duly appealed.

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