R-WAY FURNITURE COMPANY v. POWERS INTERIORS, INC.

No. 33634.

456 S.W.2d 632 (1970)

R-WAY FURNITURE COMPANY, a Division of Franklin Industries, Inc., Plaintiff-Appellant, v. POWERS INTERIORS, INC., formerly Business Interiors, Inc., Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

June 12, 1970.


Attorney(s) appearing for the Case

Armstrong, Teasdale, Kramer & Vaughan, John J. Cole, Fred Leicht, Jr., St. Louis, for plaintiff-appellant.

Green & Lander, Clayton, for defendant-respondent.


SMITH, Commissioner.

This is an appeal from the action of the trial court in sustaining defendant's motion for new trial upon the basis that plaintiff's verdict-directing instruction in a contract case was erroneous. The jury found for plaintiff in the amount of $14,528.38. Plaintiff contends here that the court initially erred in not directing a verdict for plaintiff. We will first examine this contention.

Since the facts are somewhat complicated a brief...

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