Grand River Tp., De Kalb County v. Cooke Sales & Serv.

HYDE, Presiding Judge.

Plaintiff had verdict and judgment for $2,213.60, paid by it to defendant on a contract of sale of a used motor road grader, submitted on the theory of rescission of the contract. Defendant has appealed. We have jurisdiction because plaintiff is a political subdivision of the State. Section 3, Art. 5, 1945 Const. V.A.M.S.; Harrison and Mercer County Drainage District v. Trail Creek Tp., 317 Mo. 933, 297 S.W. 1.

Defendant contends the petition did not state .a claim upon which relief could be granted and that on the evidence it was entitled to a directed verdict. The…