MERRIMAN v. CATON

No. 51342.

395 S.W.2d 106 (1965)

Jack D. MERRIMAN, Respondent, v. Frank CATON, Appellant, and J. B. DILLINGHAM, Third-Party Defendant-Respondent.

Supreme Court of Missouri, Division No. 2.

November 8, 1965.


Attorney(s) appearing for the Case

Pettijohn & Eiser, Oregon, for respondent and third-party respondent.

Louis Kranitz, Theodore M. Kranitz, St. Joseph, for appellant.


STOCKARD, Commissioner.

This is an appeal by defendant Frank Caton from a summary judgment entered on plaintiff's petition for money due and owing, and on Caton's counterclaim and cross-claim in quantum meruit for labor performed.

For ten years beginning in 1952 Caton was the tenant of Jack D. Merriman and J. B. Dillingham under an oral agreement that he should pay as rental one half of the crops produced on the land. This tenancy was terminated by Merriman...

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