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KELLY v. UNITED PARCEL SERVICE, INC.

No. SD 32151.

407 S.W.3d 652 (2013)

Jerry E. KELLY, Plaintiff-Respondent, v. UNITED PARCEL SERVICE, INC., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 21, 2013.

Application for Transfer Denied October 1, 2013.

Attorney(s) appearing for the Case

Talmage E. Newton , IV, St. Louis, for appellant.

Mark E. Rundel , Galena, for Respondent. (No brief filed.)

NANCY STEFFEN RAHMEYER, J.

In December 2008, Jerry E. Kelly contracted with United Parcel Service, Inc. ("UPS"), to ship two Rolex watches and a diamond bracelet1 from Missouri to Louisiana, C.O.D., by next day air service. He paid $178.95 for the option of "C.O.D. $10,796.32, Guaranteed." On delivery of the watches and bracelet, UPS collected a cashier's check payable to "Gary E. Kelly," and...

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