FLETCHER v. CUMMINGS

No. 36678.

532 S.W.2d 890 (1976)

Ralph E. FLETCHER et ux., Respondents, v. Donald L. CUMMINGS, Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

January 20, 1976.


Attorney(s) appearing for the Case

Lawrence O. Willbrand, St. Louis, for appellant.

Jack F. Allen, St. Louis, for respondents.


CLEMENS, Presiding Judge.

Three-count action for damages, brought by plaintiff-tenants against defendant-apartment manager, springing from constructive eviction. The jury found for defendant on Count I but gave plaintiffs actual and punitive damages on Counts II and III. Defendant appeals, contending the trial court erred in giving plaintiffs' two damage instructions since each authorized recovery for "the occurrence of October 29."

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