DANIELS EXP. AND TRANSFER v. GMI CORP.

No. 66367.

897 S.W.2d 90 (1995)

DANIELS EXPRESS AND TRANSFER COMPANY, d/b/a Central Warehouse Company, Plaintiffs-Respondents, v. GMI CORPORATION, Morgan Investment, Inc., et al., Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 12, 1995.

Application to Transfer Denied May 30, 1995.


Attorney(s) appearing for the Case

Warren W. Friedman, Law Offices of Warren W. Friedman, St. Louis, for appellant.

John Ernest Hilton, Carmody, MacDonald, Hilton, Wolf & Keast, Clayton, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied April 12, 1995.

SIMON, Judge.

This is an appeal from a grant of partial summary judgment in an action to recover a broker's commission. Defendants GMI Corporation and Wayne A. Brent (Brent) present two points on appeal: (1) the trial court erred in failing to consider evidence showing that there was a genuine issue of material fact, and (2) the term "site work" is ambiguous, thus creating a factual...

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