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TALBERT v. D.W. NEWCOMER'S SONS, INC.

No. WD 48063.

870 S.W.2d 472 (1994)

Nancy Lee TALBERT, et al., Appellant, v. D.W. NEWCOMER'S SONS, INC., Respondent.

Missouri Court of Appeals, Western District.

February 22, 1994.

Attorney(s) appearing for the Case

Samuel S. Zollicker, Cochran, Oswald, McDonald, Graham & Roam, P.C., Blue Springs, for appellant.

Richard S. Magruder, Mirko Bolanovich and Matthew W. Tills, Kansas City, for respondent.

Before LOWENSTEIN, Acting P.J., and FENNER and SMART, JJ.

LOWENSTEIN, Acting Presiding Judge.

This is a review of the trial court sustaining a motion dismissing the appellant's petition for damages. For purposes of review, the facts in the petition, taken as true, show the plaintiff Nancy Talbert (Nancy), and her now deceased husband, entered into a contract with the defendant, D.W. Newcomer's Sons, Inc., (Newcomer's) to purchase two cemetery spaces. Newcomer's conveyed spaces 3 and 4 in a certain lot of its cemetery located...

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