Estes v. Francis

STONE, Judge.

In this suit on account, plaintiff Estes seeks to recover from defendant Francis an alleged balance of $918.26 for gasoline, motor oil, antifreeze, and miscellaneous items sold and delivered to defendant at his service station in Fisk, Missouri, during the period of about thirteen months from February 1957 to March 1958. From the judgment entered upon a jury verdict for defendant, plaintiff appeals.

The initial complaint upon appeal is that the trial court erred in overruling plaintiff’s pretrial motion in writing for a compulsory reference of the cause under Rule 68.02(1)…