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NEW STYLE HOMES, INC. v. FLETCHER

No. WD 32031.

606 S.W.2d 510 (1980)

NEW STYLE HOMES, INC., Plaintiff-Respondent, v. Jack FLETCHER, d/b/a Green Valley Mobile Home Sales, Defendant, and Atlas Surety Corporation, Defendant-Appellant.

Missouri Court of Appeals, Western District.

October 1, 1980.

Attorney(s) appearing for the Case

Wiley W. Morrison, Morrison, Baker, Neds & Odneal, Raytown, for defendant-appellant.

Dowell, McNearney, Desselle & Calton, Gregory P. Barabas, Independence, for plaintiff-respondent.

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

DIXON, Judge.

Defendant Atlas Surety Corporation appeals from a money judgment entered in a court-tried case. The basic and dispositive issue is the contradiction between the pleading, the proof, and the judgment entered. The proof does not follow the pleading; and the findings of fact, conclusions of law, and the judgment do not follow either the proof or the pleadings.

Review has been hampered by a sketchy and inconclusive record as well as by a failure...

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