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MARSTON v. ROSE-ELASH

No. WD 37862.

720 S.W.2d 783 (1986)

Thomas L. MARSTON, Plaintiff/Respondent, v. Sharon ROSE-ELASH, Defendant/Appellant.

Missouri Court of Appeals, Western District.

December 9, 1986.

Attorney(s) appearing for the Case

S.W. Longan, III, Patricia L. Lear, Kansas City, for defendant/appellant.

Kurt L. Rasmussen, Watson, Ess. Marshall & Enggas, Kansas City, for plaintiff/respondent.

Before LOWENSTEIN, P.J., and MANFORD and GAITAN, JJ.

LOWENSTEIN, Judge.

The plaintiff was granted summary judgment in a replevin suit and the defendant appeals. The facts are relatively simple. The plaintiff, Marston, a resident of Jackson County bought a polygraph machine, located in Jackson County, from the defendant Elash for $3,000. Although paid and given a receipt, Elash, also a resident of Jackson County, never delivered the machine to Marston. Elash, after months of stalling, moved out of the state on January...

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