BARNARD v. MURPHY


365 S.W.2d 614 (1963)

Charles H. BARNARD et al., Respondents, v. Loyd MURPHY, Doing Business as Allied Refrigeration, Appellant. Gordon NEIL et al., Respondents, v. Loyd MURPHY, Doing Business as Allied Refrigeration, Appellant.

Supreme Court of Missouri, Division No. 1.

March 11, 1963.


Attorney(s) appearing for the Case

Edwin Earnshaw, Kirchner, Vanice & Earnshaw, Kansas City, for appellant.

Harold T. Van Dyke, John R. Cleary, Kansas City, Linde, Thomson, Van Dyke, Fairchild & Langworthy, Kansas City, of counsel, for Charles H. Barnard and others.

Foust & Lyons, Stephenson, Henry & Schollars, Kansas City, for respondents.


HOLLINGSWORTH, Judge.

Each of the several plaintiffs in the above cases seeks damages for (a) the value of food which admittedly spoiled by reason of inadequate refrigeration while stored in a locker or lockers in a locker plant owned and operated by defendant and (b) the amounts paid for the portion of the rental period during which such food was stored in said plant. In the first case, hereinafter referred to as the "Barnard case", six of defendant's customers had...

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