B-W ACCEPTANCE CORPORATION v. BENACK

No. 32798.

423 S.W.2d 215 (1967)

B-W ACCEPTANCE CORPORATION, Plaintiff-Respondent, v. Arlan V. BENACK and Doris Jeanne Benack, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

December 19, 1967.


Attorney(s) appearing for the Case

Ackert & Tompkins and Herbert Wolkowitz, St. Louis, for appellants.

Wayne H. Bigler, Jr., Clayton, for respondent.


CLEMENS, Commissioner.

The essential issue here is the defendants' contention that the trial court erred by ordering a separate trial on the issue of plaintiff's right to possession in a statutory landlord-tenant suit—separate from the landlord's claim for unpaid rent and the defendants' counterclaim for damages for tortious conspiracy to defraud. Lesser issues are the defendants' right to a continuance and their contention that six months' rent is not "a half...

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