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BARNARD v. MURPHY

Nos. 49086, 49087.

378 S.W.2d 446 (1964)

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

Supreme Court of Missouri, Division No. 1.

May 11, 1964.

Attorney(s) appearing for the Case

Edwin Earnshaw, Kansas City, Donald C. Earnshaw, Lee's Summit, for appellant.

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

COIL, Commissioner.

A prior opinion in these consolidated cases (see Barnard v. Murphy, 365 S.W.2d 614) was set aside, the mandates recalled, and, after correction of the transcript, the cases were submitted on "Substitute Briefs." We have adopted some parts of the prior opinion without quotation marks.

Each of the plaintiffs in the above cases sought damages for the value of food which admittedly spoiled by reason of inadequate...

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