RALSTON PURINA CO. v. RYDER

No. KCD 29794.

573 S.W.2d 128 (1978)

RALSTON PURINA COMPANY, Respondent, v. Alfred RYDER, Appellant.

Missouri Court of Appeals, Kansas City District.

October 30, 1978.


Attorney(s) appearing for the Case

Andrew A. Krohn, Princeton, for appellant.

Gary L. Busker, Esely & Busker, Bethany, for respondent.

Before SHANGLER, P. J., SWOFFORD, C. J., and WASSERSTROM, J.


WASSERSTROM, Judge.

Plaintiff sues to recover money paid to defendant by mistake. Pursuant to a jury verdict, the trial court entered judgment for plaintiff. Defendant appeals.

The plaintiff's evidence tended to show the following facts, which the jury obviously accepted. Jerry Russell, an employee of James Rebel, hauled soy beans owned by and on behalf of Consumer Oil to plaintiff's elevator on March 16, 1973. Through clerical error, a check in payment was...

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