STATE EX REL. STATE HIGHWAY COMMISSION v. CRAIN

No. 34479.

496 S.W.2d 867 (1973)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. Hartwell G. CRAIN et al., on exceptions of Clark A. Papin et al., Defendants-Appellants.

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

June 12, 1973.


Attorney(s) appearing for the Case

Joe Bill Carter, Carter & Newmark, Clayton, for defendants-appellants.

Donald L. Spry, Kirkwood, Robert L. Hyder, Chief Counsel, Jefferson City, for plaintiff-respondent.


DOWD, Chief Judge.

In this condemnation case the Commissioners awarded defendants $10,500. Both plaintiff and defendants filed exceptions. The jury then assessed defendants-appellants' damages at $7,500. Thereafter, judgment by way of refund was entered in favor of plaintiff for $3,000 plus interest.

The appellants raise two points on this appeal: 1) the court erred in allowing plaintiff to introduce the price that appellants had originally paid for the property...

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