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J.R. WATKINS COMPANY v. LOVE

No. 23971.

383 S.W.2d 149 (1964)

The J. R. WATKINS COMPANY, a Corporation, Appellant, v. Lola Velma LOVE, Respondent.

Kansas City Court of Appeals, Missouri.

June 1, 1964.

Attorney(s) appearing for the Case

Leonard Rose, Kansas City, for appellant.

Clif Langsdale, Kansas City, for respondent.

MAUGHMER, Commissioner.

This is an action against a surety to recover for merchandise sold to the sureties' principal and not paid for by him. A jury was waived. The court found generally for the defendant and plaintiff has appealed

As to the scope of appellate review in cases tried upon the facts without a jury, Section 510.310(4) V.A.M.S. provides in part:

"The appellate court shall review the case upon both the law and the evidence as in suits...

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