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RWR, INC. v. DFT TRUCKING, INC.

No. 19606.

899 S.W.2d 875 (1995)

RWR, INC., d/b/a Reed Trucking, Plaintiff-Respondent, v. DFT TRUCKING, INC., and Gene Day, Defendants-Appellants, Lois Day, Arthur Day, Laura Young and Elsa Day, Defendants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied May 16, 1995.

Attorney(s) appearing for the Case

Daniel T. Moore, L. Joe Scott, Daniel T. Moore, Poplar Bluff, for defendants-appellants.

Jeffrey P. Hine, Oliver, Oliver & Waltz, P.C., Cape Girardeau, for plaintiff-respondent.

Motion for Rehearing and Transfer to Supreme Court Denied May 16, 1995.

MONTGOMERY, Judge.

This dispute arose out of a contract styled "Lease of Motor Vehicles and Trailers with Option to Purchase" between RWR, Inc., d/b/a Reed Trucking (Plaintiff), and DFT Trucking, Inc. (DFT). Performance of the agreement by DFT was guaranteed by Gene Day, President of DFT, and four of his family members.

Under the contract terms DFT took possession of four trucks...

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