Central Woodwork, Inc. v. Steele Supply Co.

McDOWELL, Judge.

This action was instituted in the Circuit Court of Pemiscot County, Missouri, on *448April 28, 1960, to recover the sum of $2,-240.12, together with interest thereon, for merchandise and goods sold and delivered to defendant. The cause was transferred to the Circuit Court of Dunklin County on change of venue where it was tried by the court, a jury having been waived, and judgment entered for plaintiff in the amount sued for. From this judgment defendant appealed.

Prior to the trial, to-wit, on February 23, 1961, appellant filed its motion for summary judgment upon the grounds that…