De Mayo v. Lyons

ASCHEMEYER, C.

This appeal is from an order of the Circuit Court of Jiackson County, Missouri, denying appellants’ motion for an order of restitution in accordance with a mandate of this Court issued in DeMayo v. Lyons, 358 Mo. 646, 216 S. W. (2d) 436, where this Court reversed a judgment in favor of Frank DeMayo (plaintiff — now deceased) and against appellants (defendants). Appellants contend that a judgment for $33,669.69 should have been entered' in their favor upon the motion for restitution.

The ease originated as a suit for an accounting upon a partnership for the purchase and sale of…