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SHAW v. RAYMOND

No. 27213.

196 S.W.3d 655 (2006)

Leon SHAW, Plaintiff-Appellant, v. Kevin RAYMOND, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

July 18, 2006.

Attorney(s) appearing for the Case

Jason N. Shaffer, Springfield, MO, for appellant.

Richard D. Bender, Springfield, MO, for Respondent.

Bradley G. Kafka and Chad A. Horner, Gallop, Johnson & Neuman, L.C., St. Louis, MO, for Respondent Whelan Security Co.

GARY W. LYNCH, Judge.

Following a court trial, Appellant Leon Shaw ("Shaw") appeals the trial court's judgment rescinding a contract between him and Respondent Kevin Raymond ("Raymond") based upon Shaw's fraudulent misrepresentation. Holding that rescission is not an appropriate remedy in this case, we reverse and remand.

1) Factual Background

On October 6, 2003, Shaw and Raymond entered into a contract1

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