CAPOFERRI v. DAY

No. 9285.

523 S.W.2d 547 (1975)

E. L. CAPOFERRI, Plaintiff-Respondent, v. Robert E. DAY, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

May 12, 1975.


Attorney(s) appearing for the Case

Neale, Newman, Bradshaw & Freeman, O. J. Taylor, Springfield, for defendant-appellant.

John A. Honssinger, Lebanon, for plaintiff-respondent.


STONE, Judge.

In this court-tried action instituted on October 2, 1965, by plaintiff Dr. E. L. Capoferri against defendant Dr. Robert E. Day to recover an alleged "overpayment of [income] taxes and interest," defendant Dr. Day appeals from the judgment against him in the principal sum of $6,319.04 with interest thereon from and after April 22, 1964. For an understanding of our disposition of this appeal, a careful factual review is necessary.

During 1957 Dr...

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