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WISDOM v. ROLLINS

No. 13191.

664 S.W.2d 37 (1984)

Robert R. WISDOM, d/b/a Robert R. Wisdom Oil Co., Plaintiff-Respondent, v. Jack ROLLINS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

January 13, 1984.

Attorney(s) appearing for the Case

Karen J. Miller, Hyde, Purcell, Wilhoit, Spain, Edmundson & Merrell, Poplar Bluff, for defendant-appellant.

Jim Markel, Poplar Bluff, for plaintiff-respondent.

FLANIGAN, Judge.

Plaintiff Robert R. Wisdom, d/b/a Robert R. Wisdom Oil Company, brought this action against defendant Jack Rollins for $5,000 based on a claim that a loan in that amount was made by plaintiff to defendant on February 4, 1981, and was unpaid. Attached as an exhibit to the petition was plaintiff's check dated February 4, 1981, in the amount of $5,000 payable to defendant which defendant admittedly cashed.

Defendant's answer pleaded that the...

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