FESPERMAN v. SILVER DOLLAR CITY, INC.

No. 16335.

796 S.W.2d 384 (1990)

Donald F. FESPERMAN, Jr., Respondent, v. SILVER DOLLAR CITY, INC., Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied September 10, 1990.


Attorney(s) appearing for the Case

Donald W. Ingrum, Branson, for appellant.

Scott B. Tinsley, P.C., Springfield, for respondent.


WASSERSTROM, Senior Judge.

Plaintiff sues to collect the unpaid amount on a contract to supply trees. Defendant counterclaims for deficient performance by plaintiff. After trial without a jury, the trial court awarded damages to plaintiff on his petition and to defendant on its counterclaim. Defendant appeals from that portion of the judgment adverse to it. There being no appeal from the judgment on the counterclaim, only those facts pertaining to plaintiff's claim...

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