Empiregas, Inc. of Rolla v. Whitson

CROW, Judge.

Plaintiff, Empiregas, Inc. of Rolla, sued Defendants, Elbert Whitson and Hallie Whit-son, for $11,432.47 allegedly owed by Defendants for propane gas supplied by Plaintiff to a mobile home park owned by Defendants. A jury returned an $8,000 verdict for Plaintiff, with interest at “9%.” The trial court entered judgment per the verdict.

Defendants appeal. Their lone point relied on avers the trial court erred in basing the verdict-directing instruction on MAI 26.05 [1980 Revision], the pattern instruction for an action in quantum meruit. Defendants maintain Plaintiffs petition pled…