Sullenger v. Cooke Sales & Service Co.

GUNN, Judge.

This appeal involves a default judgment for false representation. The trial court denied defendant’s motion to set aside the judgment, and appeal was taken to the Missouri Court of Appeals, Eastern District, which affirmed the trial court’s judgment. This Court granted transfer pursuant to Art. V. § 10, Mo. Const., Rule 83.03 and Rule 83.09.

The core issue is a venue-jurisdiction matter and whether the trial court had jurisdiction to enter the default judgment against defendant. Additional issues raised on appeal by defendant are whether the plaintiff proved the elements of his…