Hall v. American Oil Company

GUNN, Judge.

Plaintiffs-appellants appeal from an order of the trial court dismissing both counts of plaintiffs’ petition for failure to state a claim upon which relief could be granted. Count I of plaintiffs’ petition sought a declaration of plaintiffs’ rights in a parcel of land encumbered by a restrictive covenant. Count II of the petition sought money damages by reason of defendants’ alleged restraint of trade in violation of Chapter 416 RSMo 1969, V.A.M. S. The issues to be resolved are whether plaintiffs’ petition did state a cause of action against defendants and whether the restrictive…