COLLINS v. SWOPE

No. 11573.

605 S.W.2d 538 (1980)

Robert L. COLLINS, Rufus A. Harris, and Land O'Lakes Agencies, Inc., Plaintiffs-Appellants, v. Jack SWOPE, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

September 15, 1980.


Attorney(s) appearing for the Case

Loren R. Honecker, Springfield, for plaintiffs-appellants.

James L. Eiffert, Ozark, for defendant-respondent.


TITUS, Presiding Judge.

Plaintiffs sued defendant for breach of an oral contract. The trial court sustained defendant's motion to dismiss plaintiffs' petition for "failure to state a claim upon which relief can be granted." Rule 55.27(a)(6), V.A.M.R. This appeal by plaintiffs ensued.

In effect, the three-count petition for damages (one count for each of the three plaintiffs) averred the following: On or about March 20, 1978, the parties orally agreed that...

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