Horner v. David Distributing Co.

PREWITT, Judge.

Plaintiffs appeal from the trial court’s dismissal of their petition for failure to state a claim for which relief can be granted. Plaintiffs contend that the petition stated a cause of action for breach of implied warranty for failure to sell a replacement part for a furnace and that pursuant to Article I, Section 14 of the Missouri Constitution, a remedy must be afforded for every injury to persons or property.

In considering whether plaintiffs’ petition states a cause of action, we take as true all factual allegations of the petition. Plaintiffs allege that in 1975 they…