Duffy v. Clark Oil & Refining Corp.

DIXON, Judge.

In this case begun by plaintiff Duffy in magistrate court as an action in unlawful detainer with a counterclaim by defendants, the magistrate found for plaintiff. An appeal to the circuit court resulted in a verdict for the defendant in a court-tried case. Defendant’s counterclaim was abandoned. The issue is whether the possession of plaintiff was sufficient to maintain the action.

In this action, the issue is primarily factual. The evidence is to be considered under the mandate of Murphy v. Carron, *889536 S.W.2d 30 (Mo. banc 1976). To the extent that the issue is a mixed one of…