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HORNER v. DAVID DISTRIBUTING CO.

No. 11313.

599 S.W.2d 100 (1980)

James C. HORNER: Margie Horner, his wife; and Pam Horner, a minor, by James C. Horner and Margie Horner, her parents and next friends, Plaintiffs-Appellants, v. DAVID DISTRIBUTING CO., a corporation, and J. W. Johnson, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Three.

May 6, 1980.

Attorney(s) appearing for the Case

C. A. Powell, Powell, Ringer & Ringer, Dexter, for plaintiffs-appellants.

John A. Clark, Friedewald & Chadwick, Poplar Bluff, for defendant-respondent David Distributing Co.

Joe Welborn, Briney, Welborn & Spain, Bloomfield, for defendant-respondent J. W. Johnson.

PREWITT, Judge.

Plaintiffs appeal from the trial court's dismissal of their petition for failure to state a claim for which relief can be granted. Plaintiffs contend that the petition stated a cause of action for breach of implied warranty for failure to sell a replacement part for a furnace and that pursuant to Article I, Section 14 of the Missouri Constitution, a remedy must be afforded for every injury to persons or property.

In considering whether plaintiffs...

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