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McCULLOUGH v. BEATTY OIL COMPANY

No. 32850.

444 S.W.2d 53 (1969)

C. M. McCULLOUGH and Muriel McCullough, d/b/a Adams Fuel Company, and Tumoco, Inc., a corporation, Plaintiffs-Respondents, v. BEATTY OIL COMPANY, a corporation, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

July 15, 1969.

Attorney(s) appearing for the Case

Vogel & Frye, Cape Girardeau, for defendant-appellant.

Limbaugh, Limbaugh & Russell, Cape Girardeau, for plaintiffs-respondents.

PER CURIAM.

Defendant Beatty Oil Company appeals from a judgment of the Cape Girardeau Court of Common Pleas. This action arises out of a lease entered into between plaintiffs as lessors and defendant as lessee of a certain "bulk plant" located in Jackson, Missouri. Although denominated an "Action to Cancel Lease and for Possession", plaintiffs by their Amended Petition prayed for possession of the leased premises, damages in the sum of $5,000.00 for the wrongful...

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