STARK BRO'S v. WAYNE DANIEL TRUCK, INC.

No. 50215.

718 S.W.2d 204 (1986)

STARK BRO'S NURSERIES & ORCHARDS CO., a Missouri Corporation, Plaintiff-Respondent, v. WAYNE DANIEL TRUCK, INC., a Missouri Corporation, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

October 21, 1986.


Attorney(s) appearing for the Case

Mary Susan Appelquist, Springfield, for defendant-appellant.

E. Fairfax Jones, St. Louis, for plaintiff-respondent.


SMITH, Presiding Judge.

Defendant appeals from a judgment against it in a court tried case awarding damages of $13,177.60 to plaintiff. Only the amount of damages awarded is raised on appeal. We affirm.

Plaintiff is in the business of selling nursery products including apple trees. It purchased 23,829 apple trees from a nursery in Oregon for resale. The trees were of several varieties and sizes and some carried names identifying them as Stark exclusives. Defendant...

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