Newkirk v. Moley

MAUGHMER, Commissioner.

Plaintiffs had the verdict and judgment in the sum of $4,000 for money had and received. Defendants appeal.

In July, 1952, Henry H. and Margaret J. Newkirk, plaintiffs, began occupancy and use as a restaurant of a storeroom located at 3635 Prospect Avenue, Kansas City, Missouri, and owned by defendants Frank and Marie Moley. A written lease signed only by the Newkirks and covering these premises was received in evidence. No copy of this lease carrying lessors’ signatures is in the record. However, Mr. Moley thought that he and his wife had signed, and the parties treated…