WEBSTER v. JENKINS

No. WD 41381.

779 S.W.2d 340 (1989)

Larry WEBSTER, Appellant, v. W.K. JENKINS, Respondent.

Missouri Court of Appeals, Western District.

November 7, 1989.


Attorney(s) appearing for the Case

C.E. Weedman, Jr., Harrisonville, for appellant.

Harold L. Caskey, Butler, for respondent.

Before BERREY, P.J., and TURNAGE and ULRICH, JJ.


BERREY, Presiding Judge.

This is a court-tried case for damages arising under an oral contract for custom combining. The trial court found the issue in favor of appellant Larry Webster, hereinafter plaintiff, and assessed his damages at $9,000.

Respondent W.K. Jenkins, hereinafter defendant, subsequently filed a motion for a new trial which the court sustained. Rule 78.01 states that, "[a] new trial may be granted to all or any of the parties and on all or...

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