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PHILLIPS v. ENGLEHART

No. 24961.

437 S.W.2d 158 (1968)

Ed PHILLIPS, Plaintiff-Appellant, v. Richard D. ENGLEHART et al., d/b/a Bee Line Company, a Partnership, Defendants-Respondents.

Kansas City Court of Appeals, Missouri.

Motion for Rehearing and/or Transfer Denied February 3, 1969.

Attorney(s) appearing for the Case

Gene A. DeLeve and Berman, DeLeve, Kuchan & Chapman, Kansas City, for plaintiff-appellant.

Linde, Thomson, VanDyke, Fairchild & Langworthy, Joseph Y. DeCuyper, John G. Miller, Kansas City, for defendants-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 3, 1969.

SPERRY, Commissioner.

This is a suit by plaintiff to recover payments made by him on personal property purchased from defendants under a conditional sales contract. Plaintiff's claim is based on the provisions of Sections 428.100 and 428.110, R.S.Mo.1959. Plaintiff seeks recovery of the amount paid by him on the purchase price of the property, $7,471.49, "less such sum, if any,...

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