NEWKIRK v. MOLEY

No. 23178.

343 S.W.2d 213 (1960)

Henry H. NEWKIRK and Margaret J. Newkirk, Respondents, v. Frank MOLEY and Marie Moley, Appellants.

Kansas City Court of Appeals, Missouri.

December 5, 1960.


Attorney(s) appearing for the Case

James Daleo, Paul Scott Kelly, Jr., Kansas City, for appellants.

Albert Thomson, Harold T. VanDyke, Kansas City, Davis, Thomson, VanDyke, Fairchild & Walsh, Kansas City, of counsel, for respondents.


MAUGHMER, Commissioner.

Plaintiffs had the verdict and judgment in the sum of $4,000 for money had and received. Defendants appeal.

In July, 1952, Henry H. and Margaret J. Newkirk, plaintiffs, began occupancy and use as a restaurant of a storeroom located at 3635 Prospect Avenue, Kansas City, Missouri, and owned by defendants Frank and Marie Moley. A written lease signed only by the Newkirks and covering these premises was received in evidence. No copy of...

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