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POWELL v. KENNEDY

No. 55711.

463 S.W.2d 802 (1971)

William R. POWELL, Appellant, v. Elizabeth P. KENNEDY, Executrix of the Estate of Fred T. Kennedy, Deceased, and John P. Kennedy, Trustee of the Fred T. Kennedy Trust, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied March 8, 1971.

Attorney(s) appearing for the Case

David Collins, Hadley E. Grimm, Collins & Grimm, Macon, for appellant.

Terence C. Porter, Columbia, for respondents, Welliver, Porter, & Cleveland, Columbia, of counsel.

MORGAN, Judge.

Plaintiff sued for specific performance of what he claimed was an absolute option to purchase 110.70 shares of the common stock of Columbia Brick and Tile Company, a Missouri corporation. Upon entry of judgment for defendants, plaintiff appealed to the Kansas City Court of Appeals. We sustained plaintiff's application for transfer and now review the case "as on original appeal." Rule 84.05 (h), V.A.M.R.

Prior to August 4, 1950, one Fred T. Kennedy...

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