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GOLLWITZER v. THEODORO

No. 47482.

675 S.W.2d 109 (1984)

Mike GOLLWITZER, Plaintiff-Respondent, v. James THEODORO, d/b/a One Stop Boat & Motor, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

July 31, 1984.

Attorney(s) appearing for the Case

Jeremiah W. Nixon, Hillsboro, for plaintiff-respondent.

David M. Duree, St. Louis, for defendant-appellant.

SMITH, Presiding Judge.

Defendant appeals from a jury verdict against him for $2200 actual damages and $10,000 punitive damages, and an award by the court of $4205 for attorney's fees. Plaintiff's petition purported to be based upon the Missouri Merchandising Practice Act, § 407.025 RSMo 1978. The petition charged that in July 1981, plaintiff purchased a boat from defendant. Defendant's salesmen represented the boat to be a 1980 model when in fact it was a 1976...

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