GHERTNER v. LIPTON

No. 39162.

563 S.W.2d 531 (1978)

Elmer GHERTNER, Appellant, v. Donn H. LIPTON, Irving Lipton, Marilyn G. Lipton, and Lipton Realty Company, Grado, Inc., Oreon E. and R. G. Scott, Inc., Respondents.

Missouri Court of Appeals, St. Louis District, Division 1.

February 28, 1978.


Attorney(s) appearing for the Case

Norbert M. Reker, St. Louis, for appellant.

Susman, Stern, Heifetz, Lurie, Sheehan, Popkin & Chervitz, Richard J. Sheehan, Pat L. Simons, St. Louis, for respondents.


McMILLIAN, Judge.

Appellant Elmer Ghertner appeals from a judgment entered in the circuit court of the City of St. Louis granting respondents' motion to dismiss for failure to state a claim upon which relief could be granted and because the action was barred by the statute of limitations. For reversal appellant argues that the trial court erred in granting the motion to dismiss because (1) the petition set forth sufficient facts to invoke substantive principles of...

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