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EMERY BIRD THAYER DRY GOODS CO. v. J. C. NICHOLS CO.

No. 53171.

427 S.W.2d 492 (1968)

EMERY BIRD THAYER DRY GOODS CO., Respondent, v. J. C. NICHOLS CO., Appellant.

Supreme Court of Missouri, En Banc.

May 13, 1968.

Attorney(s) appearing for the Case

Joseph H. Moore, Glenn E. McCann, Kansas City, for respondent; Knipmeyer, McCann & Millett, Kansas City, of counsel.

Harry Weed, Kansas City, for appellant.

SEILER, Judge.

This is a suit to recover damages suffered by plaintiff when its merchandise received damage from smoke, oil, and soot as a result of the operation by defendant of certain heat salamanders while defendant landlord was in the process of building an addition to the premises leased by plaintiff. There was a verdict and judgment for plaintiff in the sum of $3,707.05, from which defendant appealed to the Kansas City Court of Appeals, where the judgment was...

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