HUTCHINGS v. MATTHYS

No. KCD 27202.

536 S.W.2d 322 (1976)

Clyde A. HUTCHINGS, Appellant-Respondent, v. Charles J. MATTHYS, Appellant-Respondent.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied May 3, 1976.


Attorney(s) appearing for the Case

Wayne R. Starr, Jr., Independence, for appellant-respondent Hutchings.

Preston H. Longino, Raytown, for appellant-respondent Matthys.

Before SHANGLER, P.J., and SWOFFORD and SOMERVILLE, JJ.


SHANGLER, Presiding Judge.

The plaintiff had a money judgment on a pleading which alleged that the defendant breached his agreement to bid for the collection of city trash as a joint venturer with the plaintiff. The defendant contended that the plaintiff was his subcontractor, not partner, and also pleaded the bar of the Statute of Frauds. The cause was tried to the court, and both parties appeal from the judgment.

The plaintiff and defendant are trash haulers...

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