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VERBRUGGE v. ABC SEAMLESS STEEL SIDING

No. 26169.

157 S.W.3d 298 (2005)

John VERBRUGGE, Plaintiff-Appellant, v. ABC SEAMLESS STEEL SIDING, INC., and ABC Seamless, Inc., Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Petition for Rehearing and Transfer Denied February 22, 2005.

Application for Transfer Denied April 5, 2005.

Attorney(s) appearing for the Case

J. Patrick Sullivan, Sullivan Law Office, P.C., Branson West, MO, for Appellant.

Gail L. Fredrick, Douglas C. Fredrick, Fredrick, Rogers & Vaughn, P.C., Springfield, MO, for Respondent ABC Seamless Steel Siding, Inc.

Randy R. Cowherd, Lucas C. Smith, Haden, Cowherd, Bullock & McGinnis, L.L.C., Springfield, John Cowherd, Mount Vernon, MO, for Respondent ABC Seamless, Inc., a/k/a ABC, Inc.

JAMES K. PREWITT, Judge.

John Verbrugge appeals from a judgment finding in favor of ABC Seamless Steel Siding, Inc. ("Franchisee") and ABC Seamless, Inc. ("ABC") on claims of breach of contract and warranty, respectively. The trial court found that Verbrugge's claim of damages and breach of contract against Franchisee was time-barred and that his claim of damages and breach of warranty against ABC must be denied because there was no credible evidence that ABC had...

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