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McMAHON v. CHARLES SCHULZE, INC.

No. 34218.

483 S.W.2d 666 (1972)

V. Lee McMAHON and Annetta L. McMahon, Plaintiffs-Appellants, v. CHARLES SCHULZE, INC., and Charles Schulze Motor Company, Inc., Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division One.

July 18, 1972.

Attorney(s) appearing for the Case

McMahon & Berger by Thomas M. Hanna, Clayton, for plaintiffs-appellants.

Holtkamp & Amelung by Robert A. Wulff, St. Louis, for defendants-respondents.

CLEMENS, Judge.

Plaintiff Lee McMahon had a $356.05 judgment in magistrate court based on negligent repair of an automobile. Defendant appealed and on a jury trial the circuit court directed a verdict for defendant. Plaintiffs1 appeal from the adverse judgment.

The critical issue: When a plaintiff sues in magistrate court for negligent repair of an automobile, can he on appeal to the circuit court amend his petition to allege breach...

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