STATE v. MAHON

No. 48187.

343 S.W.2d 165 (1961)

STATE ex rel. State of Missouri, STATE HIGHWAY COMMISSION of Missouri, Plaintiff, v. Paul A. MAHON et al., Respondents, Oliver Doerflinger, d/b/a Oliver Oil Company, Appellant.

Supreme Court of Missouri, Division No. 1.

February 13, 1961.


Attorney(s) appearing for the Case

Ike Skelton, Lexington, for appellant.

Skelton & Bradley, Lexington, of counsel.

Harvey Burrus, Independence, for respondent.


HOLMAN, Commissioner.

In this case plaintiff condemned a tract of land containing 2.435 acres located on U. S. Highway 40 near Odessa, Missouri. Respondents Paul A. and Dolin Mahon were the owners of the land. Appellant, Oliver Doerflinger, d/b/a Oliver Oil Company, was in possession of the premises as lessee under a five-year written lease which was to expire on March 15, 1963. A filling station building and a restaurant building were located on the premises. Appellant...

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