Shockley v. Sander

KELLY, Presiding Judge.

Frank Shockley, d/b/a Aalco Barney Company, appealed the judgment dismissing his five count petition against Harry A. Sander and Middlewest Realty, Inc., respondents herein.1 The petition was dismissed upon motion of respondents asserting that the statute of limitations barred Shockley’s claim. The trial court determined that Shockley’s suit was not timely filed within the five year period required under § 516.120 RSMo 1978, the applicable statute of limitations. The court held that the untimely filing was not excused because Shockley failed to prove respondents’…