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BOHRMANN v. SCHREMP

No. 47411.

666 S.W.2d 30 (1984)

John A. BOHRMANN and Patricia M. Bohrmann, Plaintiffs-Appellants, v. Adolph SCHREMP, Jr. and Diane M. Schremp, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

February 21, 1984.

Attorney(s) appearing for the Case

Kenneth A. Leeds, St. Louis, for plaintiffs-appellants.

Robert J. Koster, St. Louis, for defendants-respondents.

KAROHL, Presiding Judge.

Plaintiffs appeal from a summary judgment for defendants founded upon a five year statute of limitations, § 516.120(5), RSMo 1969. We affirm.

The petition, filed May 10, 1978, alleged a cause of action for misrepresentation of the condition of the real estate defendants sold to plaintiffs on September 15, 1972. Defendants' original answer was a general denial with no mention of the statute of limitations affirmative defense. Plaintiffs...

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