Alho v. Sterling

Otis, Justice.

Plaintiff sues to rescind a contract conveying to defendant 40 acres of property located in St. Louis County, alleging the conveyance was induced by “undue influence, chicanery and fraud.” Before answering, defendant moved for dismissal under Rule 12.02, Rules of Civil Procedure, or in the alternative under Rule 12.06. In the event these motions were denied, defendant sought an order compelling the plaintiff to allege fraud with more particularity and certainty under Rule 9.02. The court denied the motions to dismiss but, without indicating the consequences of his refusal to…