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GARDEN PARK HOMES CORP. v. MARTIN MARIETTA CORP.

No. 57438.

507 S.W.2d 368 (1974)

GARDEN PARK HOMES CORPORATION, a corporation, and Bernhardt Properties, Inc., a corporation, co-partners d/b/a Fischer-Surkamp Developments, Appellants, v. MARTIN MARIETTA CORPORATION, a corporation, Respondent.

Supreme Court of Missouri, Division No. 2.

April 8, 1974.

Attorney(s) appearing for the Case

Robert C. Jones, Ziercher, Tzinberg, Human & Michenfelder, Clayton, for appellants.

William H. Ferrell, Keefe, Schlafly, Griesedieck & Ferrell, St. Louis, for respondent.

HOUSER, Commissioner.

Plaintiffs filed suit in four counts for damages for breach of contract. Defendant filed a motion to dismiss all four counts for failure to state a claim upon which relief can be granted, on the ground that Counts I, II and III are barred by the parol evidence rule, and that the terms of the agreement are not properly alleged in Count IV. The circuit court sustained the motion, dismissed Counts I, II and IV with prejudice, and dismissed Count...

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