DUFFY v. CLARK OIL & REFINING CORPORATION

No. KCD 29797.

575 S.W.2d 888 (1978)

Donald DUFFY, Plaintiff-Appellant, v. CLARK OIL & REFINING CORPORATION, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

December 27, 1978.


Attorney(s) appearing for the Case

Jimmie D. James, David G. Sperry, James & Sperry, Independence, for plaintiff-appellant.

Russell D. Jacobson, Thomas B. Sullivan, III, E. Denver Void, Void, Sullivan, Finnegan, Gordon & Williams, Kansas City, for defendant-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


DIXON, Judge.

In this case begun by plaintiff Duffy in magistrate court as an action in unlawful detainer with a counterclaim by defendants, the magistrate found for plaintiff. An appeal to the circuit court resulted in a verdict for the defendant in a court-tried case. Defendant's counterclaim was abandoned. The issue is whether the possession of plaintiff was sufficient to maintain the action.

In this action, the issue is primarily factual. The evidence...

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