No. KCD 27557.

545 S.W.2d 359 (1976)

Arthur C. McCARTY, Plaintiff-Respondent, v. Joseph M. DONAHUE, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied December 23, 1976.

Application to Transfer Denied February 14, 1977.

Attorney(s) appearing for the Case

Robert C. Jones, Jones & McDaniel, Kansas City, for defendant-appellant.

Michael H. Maher, Niles S. Corson, Kansas City, for plaintiff-respondent; Swanson, Midgley, Gangwere, Thurlo & Clarke, Kansas City, of counsel.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

TURNAGE, Presiding Judge.

Arthur McCarty submitted his case against Joseph Donahue to the jury on the theory McCarty had paid Donahue $8,000 for 245 shares of stock in an investigation service company, but Donahue failed to deliver such shares. The jury returned a verdict in favor of McCarty for $10,000, but in response to the court's order, McCarty entered a remittitur for $2,000 and the court entered judgment for $8,000 in favor of McCarty.

On this appeal...

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