THARP v. MUFFLERS OF KANSAS CITY, INC.

No. WD 49624.

912 S.W.2d 577 (1995)

Randall G. THARP and Bonnie L. Tharp, Appellants, v. MUFFLERS OF KANSAS CITY, INC. and Jack Wiser, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 5, 1995.

Application to Transfer Denied January 23, 1996.


Attorney(s) appearing for the Case

Henry L. Graf, Kansas City, for appellants.

Joseph Colantuono, Kansas City, for respondents.

Before LAURA DENVIR STITH, P.J., and LOWENSTEIN and SPINDEN, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied December 5, 1995.

LOWENSTEIN, Judge.

This appeal is from a suit to collect on a $50,000 note representing part payment by the defendant-maker for the purchase of the plaintiffs' business. The note was in default; the defense to non-payment was fraud in the inducement. A jury found against the plaintiffs-payees. There was no verdict on set-off since the jury merely held for the defendants, the maker...

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