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ASSOCIATES DISCOUNT CORP. OF IOWA v. FITZWATER

Nos. KCD 26163, KCD 26156.

518 S.W.2d 474 (1974)

ASSOCIATES DISCOUNT CORPORATION OF IOWA, Appellant-Respondent, v. Bert FITZWATER and W. E. Keith, d/b/a Keith Implement Company, Appellants-Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied January 28, 1975.

Attorney(s) appearing for the Case

L. E. Atherton, Milan, for appellant-respondent Associates.

P. M. Marr, Milan, Eugene E. Andereck, Terry M. Evans, Pickett, Andereck, Hauck & Sharp, Trenton, for appellants-respondents Fitzwater.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.

DIXON, Chief Judge.

This case involves cross appeals in a suit on a note tried to a jury. The appeals have been consolidated. Plaintiff is Associates Discount Corporation of Iowa; defendants are Bert Fitzwater and W. E. Keith, d/b/a Keith Implement Company. Keith defaulted, and the jury returned a verdict in favor of the defendant Fitzwater. The trial court sustained Associates' motion for a new trial on the sole ground of error in the giving of Fitzwater's instruction...

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