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TALLMAN TIRE SERVICE, INC. v. I-70 TRUCK CENTER, INC.

No. ED 77857.

39 S.W.3d 66 (2001)

TALLMAN TIRE SERVICE, INC., d/b/a Tallman Towing & Recovery, Plaintiff/Respondent, v. I-70 TRUCK CENTER, INC., Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Seven.

March 6, 2001.

Attorney(s) appearing for the Case

Bruce E. Hopson, Mark D. Pasewark, Virginia G. Pasewark, Law Office of Mark D. Pasewark, St. Louis, MO, for appellant.

Gordon D. Prinster, St. Charles, MO, for respondent.

Before MARY K. HOFF, C.J., CRANDALL, J., and RICHARD B. TEITELMAN, J.

ORDER

PER CURIAM.

I-70 Truck Center, Inc. (Defendant) appeals from the judgment of the trial court finding in favor of Tallman Tire Service, Inc. (Plaintiff) on Plaintiff's claim against Defendant alleging that the wrecker truck Plaintiff had ordered from Defendant did not have the agreed-upon type of wheel lift and therefore seeking a refund of Plaintiff's down payment for the truck. The court also found in favor of Plaintiff on Defendant's counterclaim...

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