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BRANCATO v. WHOLESALE TOOL CO., INC.

No. 72270.

950 S.W.2d 551 (1997)

Donald H. BRANCATO, Plaintiff-Appellant, v. WHOLESALE TOOL CO., INC., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied August 26, 1997.

Application to Transfer Denied September 30, 1997.

Attorney(s) appearing for the Case

Donald H. Brancato, St. Louis, pro se.

Richard E. Coughlin, Chesterfield, for Defendants-Respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 26, 1997.

KAROHL, Judge.

Donald H. Brancato (Brancato), purchaser, appeals judgment for Wholesale Tool Co., Inc. (Wholesale), seller, on his claim for refund of the purchase price paid for a precision lathe. The case was tried without a jury because plaintiff, acting pro se, either: (1) failed to comply with a pre-trial order to prepare proposed jury instructions; or (2) waived his...

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