John Deere Co. v. Sanders

On September 18, 1979, plaintiff, John Deere Company, filed a petition in the Circuit Court of Pemiscot County, Missouri, for replevin of a John Deere 4400 combine. Defendant filed a motion to dismiss the petition on the grounds that it did not state facts to show plaintiff was entitled to relief. The trial court, on February 11, 1980, entered an order sustaining the motion, and dismissed plaintiff’s petition with prejudice. This appeal followed.

The basic factual allegations of the petition are as follows. On August 28, 1976, Danny Joe Grissom and Joe Grissom, who were residents of the state…