FIANDACA v. NIEHAUS

No. 38967.

570 S.W.2d 714 (1978)

Patrick M. FIANDACA III, Administrator, Plaintiff-Appellant, v. Harold E. NIEHAUS et al., Defendants-Respondents.

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

Motion for Rehearing and/or Transfer Denied September 15, 1978.

Application to Transfer Denied October 10, 1978.


Attorney(s) appearing for the Case

Richard L. Ross, David Drury, Clayton, for plaintiff-appellant.

Charles E. Gray, Gray & Ritter, St. Louis, for defendants-respondents.


SMITH, Judge.

Plaintiff-administrator of the estate of Caroline Neihaus appeals the action of the trial court in dismissing his second amended petition with prejudice.

The petition was grounded upon allegations that defendants, through fraud and overreaching, caused decedent, Caroline Neihaus and her husband, to convey land to defendants at far less than its value. The original sale contract, alleged to have been fraudulently induced, was executed in March...

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