Handy Pantry Food Stores, Inc. v. Kwik Trip Markets, Inc.

CARL R. GAERTNER, Judge.

Defendant, Kwik Trip Markets, Inc. appeals from a judgment in the sum of $20,-000.00 in favor of plaintiff, Handy Pantry Food Stores, Inc. We reverse.

In its petition, plaintiff alleged that the defendant corporation assumed and agreed to pay the balance due upon a debt owed to plaintiff by William Yinger. Defendant denied this averment and asserted the statute of frauds, § 432.010, RSMo. 1978, as an affirmative defense.

The origin of the debt was a contract dated May 6,1980, whereby William Yinger agreed to purchase from plaintiff a retail food store in St. Charles,…