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MILLER v. HIGGINS

No. 54128.

452 S.W.2d 121 (1970)

Margaret C. MILLER and E. Ross Miller, Administrators of the Estate of Elzie E. Miller, Deceased, and 4850 Oak, Inc., Appellants, v. Thomas J. HIGGINS and John Patrick Higgins and the First National Bank of Kansas City as Executors of the Estate of Anna Waters Higgins, a/k/a Anna W. Higgins, Deceased, Respondents.

Supreme Court of Missouri, Division No. 2.

March 9, 1970.

Attorney(s) appearing for the Case

Daniel S. Millman, Kansas City, for plaintiffs.

Hilary A. Bush, B. Kent Snapp, James L. Burgess, Johnson, Lucas, Bush & Snapp, Kansas City, for respondents.

MORGAN, Judge.

This action in two counts for fraud and breach of contract was tried to the court, and upon entry of judgment for defendants, the plaintiffs appealed. Jurisdiction is in this court by virtue of the damages sought exceeding the sum of $15,000. Sec. 477.040, V.A.M.S., Sec. 3, Art. V, 1945 Missouri Constitution, V.A.M.S.

The petition was filed July 25, 1956; trial was had November 6, 1963; judgment was entered April 25, 1968; and the case was submitted...

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