BRECKLE v. VAN DYKE BREWING COMPANY

No. 34338.

483 S.W.2d 672 (1972)

Joseph A. BRECKLE, d/b/a North County Distributors, Plaintiff-Appellant, v. VAN DYKE BREWING COMPANY, Defendant-Respondent.

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

July 18, 1972.


Attorney(s) appearing for the Case

Coleman, Ross & Cekovsky, Jack H. Ross, Clayton, for plaintiff-appellant.

Dalton & Zollmann, David A. Dalton, St. Charles, for defendant-appellee.


SMITH, Judge.

Plaintiff sued defendant for fraudulent misrepresentation in the execution of a contract and the jury returned a verdict for plaintiff for $10,000. The trial court granted a new trial because of error in giving an instruction and because "the verdict is against the weight of credible evidence."

The only evidence presented was by plaintiff. It consisted predominately of the testimony of the plaintiff corroborated in part by the testimony of a...

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