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WILBUR WAGGONER EQUIPMENT RENTAL v. BUMILLER

Nos. 36548 and 37235.

542 S.W.2d 32 (1976)

WILBUR WAGGONER EQUIPMENT RENTAL AND EXCAVATING COMPANY, INC., Plaintiff-Appellant, v. Earl BUMILLER et al., Defendants-Respondents, and Barbara J. Osborne, Defendant-Appellant.

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

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

Application to Transfer Denied November 8, 1976.

Attorney(s) appearing for the Case

Bernard A. Reinert, Kenney, Leritz & Reinert, David M. Duree, St. Louis, for Wilbur Waggoner, etc.

Ernest L. Keathley, St. Louis, for Barbara J. Osborne.

Klutho & Cody, St. Louis, for Earl & Doris Bumiller.

Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, John S. Marsalek, St. Louis, for Maryland Cas. Co.

Virgil H. Lucas, St. Louis, for Valeska Williams.

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

RENDLEN, Judge.

Plaintiff Wilbur Waggoner Equipment Rental and Excavating Company, Inc. (hereinafter Waggoner) and Barbara J. Osborne, one of several defendants, separately appeal portions of the judgment in this court-tried case.

On July 17, 1969, defendant Earl Bumiller contracted to sell a parcel of land in the City of St. Louis owned by Bumiller and his wife Doris...

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