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  5. 585 S.W.2d 195 (1979)
 

MOTOR TRANSP., ETC. v. ORVAL DAVIS TIRE CO., INC.

No. 10697.

585 S.W.2d 195 (1979)

MOTOR TRANSPORTATION SPRINGFIELD, Appellant, v. ORVAL DAVIS TIRE CO., INC., Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied July 31, 1979.

Application to Transfer Denied September 11, 1979.

Attorney(s) appearing for the Case

William A. R. Dalton, B. H. Clampett, Daniel, Clampett, Rittershouse, Dalton & Chaney, Springfield, for appellant.

Harold J. Fisher, David L. Smith, Woolsey, Fisher, Whiteaker & Stenger, Springfield, for respondent.

FLANIGAN, Chief Judge.

Plaintiff, by written agreement, leased to defendant a 1973 International Harvester diesel tractor for a period of one year commencing February 13, 1974. Defendant used the vehicle for almost 11 months and on January 3, 1975, gave plaintiff written notice of its intent to cancel the lease. At the time of cancellation, in accordance with the provisions of the lease, defendant tendered to plaintiff "an additional 10 percent cancellation charge...

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