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TRIMMER v. SHORT

No. 25830.

492 S.W.2d 179 (1973)

James E. TRIMMER, Appellant, v. Vaughn V. SHORT and Superior Metal Products Co., a corporation, Respondents.

Missouri Court of Appeals, Kansas City District.

March 5, 1973.

Attorney(s) appearing for the Case

William B. Teasdale, and Gerald B. Renyer, Kansas City, for appellant.

A. Glenn Sowders, Jr., Kansas City, for respondents.

Before SHANGLER, C. J., and PRITCHARD, DIXON, CROSS, SWOFFORD and WASSERSTROM, JJ.

PRITCHARD, Judge.

In Count I of his original petition for damages "on breach of contract and wrongfully withheld profits", plaintiff pleaded that before December 7, 1965, Superior Metal Products was a sole proprietorship, wholly owned and operated by defendant Vaughn V. Short, who in November, 1965, agreed with plaintiff to incorporate Superior and offered and agreed to sell to plaintiff 49% of its stock, the percentage being later reduced to 40% which

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