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RESTAURANT INDUSTRIES, INC. v. LUM'S, INC.

No. 34678.

495 S.W.2d 668 (1973)

RESTAURANT INDUSTRIES, INC., a corporation, Appellant, v. LUM'S, INC., a corporation, Respondent.

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

Motion for Rehearing or Transfer Denied June 8, 1973.

Application to Transfer Denied July 16, 1973.

Attorney(s) appearing for the Case

Donald S. Hilleary, William J. Fletcher, Clayton, for appellant.

Lewis, Rice, Tucker, Allen & Chubb, James W. Herron, Richard T. Ciotonne, St. Louis, for respondent.

CLEMENS, Judge.

Plaintiff was incorporated and wholly owned by Donald S. Hilleary for the purpose of buying a restaurant franchise from defendant Lum's. Plaintiff pleaded that Mr. Hilleary had paid $5,000 to defendant's agent, Chivers, Inc., part of the $15,000 down payment for the franchise, but never received the franchise. On the theory of money had and received, plaintiff seeks return of the $5,000. A jury returned a verdict for defendant and plaintiff appeals...

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