HANDY PANTRY FOOD STORES, INC. v. KWIK TRIP MARKETS, INC.

No. 48703.

692 S.W.2d 388 (1985)

HANDY PANTRY FOOD STORES, INC., Plaintiff-Respondent, v. KWIK TRIP MARKETS, INC., Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

June 4, 1985.


Attorney(s) appearing for the Case

Michael A. Vitale, Lewis & Rice, St. Louis, for defendant-appellant.

Michael J. Doster, Hughes & Doster, P.C., Chesterfield, for plaintiff-respondent.


CARL R. GAERTNER, Judge.

Defendant, Kwik Trip Markets, Inc. appeals from a judgment in the sum of $20,000.00 in favor of plaintiff, Handy Pantry Food Stores, Inc. We reverse.

In its petition, plaintiff alleged that the defendant corporation assumed and agreed to pay the balance due upon a debt owed to plaintiff by William Yinger. Defendant denied this averment and asserted the statute of frauds, § 432.010, RSMo. 1978, as an affirmative defense.

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