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COLEMAN v. DUNCAN

No. 9817.

540 S.W.2d 935 (1976)

L. M. COLEMAN, Plaintiff-Appellant, v. John DUNCAN and Jerry Bartle, d/b/a J. B. Implement Co., Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied August 9, 1976.

Application to Transfer Denied October 12, 1976.

Attorney(s) appearing for the Case

Kenneth W. Shrum, Marble Hill, for plaintiff-appellant.

John Z. Williams, Northern, Williams & Smallwood, Rolla, for defendants-respondents.

Motion for Rehearing or to Transfer to Supreme Court Denied August 9, 1976.

PER CURIAM:

At an advertised public auction held by defendant Jerry Bartle, d/b/a J. B. Implement Co. and described in the printed sale bill as "owner," a hammerless auctioneer (with the declaration "sold") struck off a D-7 tractor to plaintiff upon acceptance of the latter's $2,050 bid. Although the D-7 tractor was listed on the printed sale bill (along with some 200 other items of...

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