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CHARLES PALERMO CO., INC. v. WYANT

No. KCD 27047.

530 S.W.2d 15 (1975)

CHARLES PALERMO COMPANY, INC., and Louis Pascuzzi, d/b/a Kansas City Fruit Company, Appellants, v. Will WYANT, Jr., d/b/a Will Wyant & Son, and Will Wyant, Sr., Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied November 19, 1975.

Attorney(s) appearing for the Case

Bernard L. Balkin, Keith E. Witten, Achtenberg, Sandler & Balkin, Kansas City, for appellants.

Michael H. Maher, Swanson, Midgley, Eager, Gangwere & Thurlo, Kansas City, for respondents.

Before SOMERVILLE, P. J., PRITCHARD, C. J., and TURNAGE, J.

TURNAGE, Judge.

This is a consolidated appeal by Charles Palermo Company, Inc., (Palermo) and Louis Pascuzzi from an adverse judgment following a trial without a jury.

Plaintiffs filed individual suits against Will Wyant, Sr. and Will Wyant, Jr. These suits were consolidated for trial in the trial court. The petitions in each suit were identical and alleged that Wyant, Jr. was engaged in the produce business in Kansas City and plaintiffs sold merchandise and...

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