BOSWELL v. BRINCKMANN

No. 10528.

579 S.W.2d 781 (1979)

James E. BOSWELL, Plaintiff-Appellant, v. C. Don BRINCKMANN, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

April 2, 1979.


Attorney(s) appearing for the Case

David E. Wilhite, Donnelly, Baldwin & Wilhite, Lebanon, for plaintiff-appellant.

William Icenogle, Icenogle & Icenogle, Camdenton, for defendant-respondent.


MAUS, Judge.

This action was brought by the plaintiff to "undo" his purchase of 70 shares in Don's Boat and Motor Company (Don's) for $7000. Don's was a closely held corporation with the defendant holding substantially all of the shares. It engaged in the marina business and plaintiff was a long time customer. He was on a friendly basis with defendant who actively ran the business. The petition is in two counts. In Count I the plaintiff alleged misrepresentation of...

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