ANHEUSER v. OSWALD REFRACTORIES CO., INC.

No. 36585.

541 S.W.2d 706 (1976)

Fred S. ANHEUSER, Plaintiff-Respondent, v. OSWALD REFRACTORIES COMPANY, INC. (Now EMO Corp.), Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing and for Transfer Denied September 30, 1976.


Attorney(s) appearing for the Case

Gerald R. Ortbals, Ziercher, Hocker, Tzinberg, Human & Michenfelder, St. Louis, for defendant-appellant.

Norris Allen, Anderson, Gilbert, Wolfort, Allen & Bierman, St. Louis, for plaintiff-respondent.


Motion for Rehearing and for Transfer to Supreme Court Denied September 30, 1976.

STEWART, Judge.

Plaintiff brought an action to recover $5,000.00 which he had paid to defendant as part of the purchase price for a cabin cruiser. In a court-tried case plaintiff had judgment as prayed with interest. We reverse and remand.

On November 13, 1970, defendant's boat, Teri-Ho II, enroute to Memphis, Tennessee, and then to New Orleans, Louisiana, tied up at...

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