TITONE v. TEIS CONSTRUCTION COMPANY

No. 24794.

426 S.W.2d 665 (1968)

Jasper TITONE, Appellant, v. TEIS CONSTRUCTION COMPANY, Inc., a corporation, Respondent.

Kansas City Court of Appeals, Missouri.

Rehearing Denied April 1, 1968.


Attorney(s) appearing for the Case

Allan R. Browne, Ennis, Browne & Martin, Kansas City, for appellant.

Donald K. Hoel, Kansas City, Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, of counsel, for respondent.


MORGAN, Judge.

At the close of plaintiff's evidence in this jury tried case, the trial court sustained defendant's Motion For A Directed Verdict. Plaintiff has appealed, and the ultimate question is whether or not he made a submissible case.

Plaintiff's theories of recovery against defendant were set out in one paragraph of one count of the petition as follows: "For cause of action against Defendant, Plaintiff states that for several months in 1965, the exact...

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