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TDV TRANSP., INC. v. KEEL

No. 72158.

966 S.W.2d 347 (1998)

TDV TRANSPORTATION, INC., Plaintiff/Respondent, v. Elmer KEEL and Laura Keel d/b/a Middle American Transports, Inc., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Five.

March 31, 1998.

Attorney(s) appearing for the Case

Dan Dildine, Troy, for defendants/appellants.

Thomas B. Burkemper, Troy, for plaintiff/respondent.

CHARLES B. BLACKMAR, Senior Judge.

A truck owner, plaintiff TDV Transportation, Inc., recovered judgment following a bench trial against a carrier, named in the applicable documents as Middle American Transports, Inc., for rental charges on six trucks. It sought to avoid a liquidated damage provision covering cancellation without ten days notice, claiming anticipatory breach of contract. We conclude that the evidence fails to support the assertion of anticipatory...

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