SATTERFIELD v. MISSOURI DENTAL ASS'N

No. WD 32836.

642 S.W.2d 110 (1982)

Elizabeth SATTERFIELD, Appellant, v. MISSOURI DENTAL ASSOCIATION, Respondent.

Missouri Court of Appeals, Western District.

Rehearing Denied November 2, 1982.


Attorney(s) appearing for the Case

Robert J. Swift, Jr., Cullen Coil, Jefferson City, for appellant.

Harvey M. Tettlebaum, Jefferson City, for respondent.

Before CLARK, P.J., and MANFORD and KENNEDY, JJ.


CLARK, Presiding Judge.

Appellant suffered dismissal of her petition for actual and exemplary damages on the ground the cause of action was barred by the statute of frauds, § 432.010, RSMo 1978. On this appeal she contends, first, that the statute of frauds as an affirmative defense may not serve as a basis for sustaining a motion to dismiss on the pleadings and, second, the oral agreement between the parties was not within the operation of the statute of frauds...

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