WOODRUFF v. McMILLAN

No. WD 39748.

752 S.W.2d 493 (1988)

Stephen WOODRUFF and Randy Woodruff, Appellants, v. Clayton McMILLAN and Katherine Elizabeth McMillan, Respondents.

Missouri Court of Appeals, Western District.

June 28, 1988.


Attorney(s) appearing for the Case

James T. Holcomb, Trenton, for appellants.

Allan D. Seidel, Trenton, for respondents.

Before MANFORD, J., Presiding, and TURNAGE and COVINGTON, JJ.


COVINGTON, Judge.

Stephen and Randy Woodruff appeal from the trial court's grant of a motion for summary judgment in favor of Clayton and Katherine Elizabeth McMillan, who alleged that the Woodruffs' action constituted a compulsory counterclaim and was barred by Rule 55.32(a). The judgment is affirmed.

In 1979, Stanley and Elizabeth Woodruff purchased a large tract of farmland from Clayton and Katherine McMillan. The McMillans carried a large portion of the...

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