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CABINET DISTRIBUTORS, INC. v. REDMOND

Nos. 72228, 72291.

965 S.W.2d 309 (1998)

CABINET DISTRIBUTORS, INC., Plaintiff/Appellant, v. Timothy J. REDMOND and Jack Jasper Mercurio, d/b/a Litzsinger Properties, Defendants/Respondents. CABINET DISTRIBUTORS, INC., Plaintiff/Respondent, v. Timothy J. REDMOND and Jack Jasper Mercurio, d/b/a Litzsinger Properties, Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Denied April 20, 1998.

Application for Transfer Denied May 26, 1998.

Attorney(s) appearing for the Case

Fredrick W. Shultz, McGowen & Shultz, Clayton, for Cabinet Distributors, Inc.

Thomas C. Simon, Padberg, McSweeney, Slater & Merz, R.C. Wuestling, Wuestling & James, Theresa A. Appelbaum, St. Louis, for Timothy J. Redmond and Jack Jasper Mercurio, d/b/a Litzsinger Properties.

Motion for Rehearing and/or Transfer to Denied April 20, 1998.

CRANE, Presiding Judge.

Plaintiff lessee filed an action against defendant lessors to recover damages on its claim that defendants fraudulently or negligently misrepresented that there had never been water in the building on the leased real estate. Plaintiff alternatively sought rescission of the lease based on the false representation. The trial court...

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