Magee v. Mercantile-Commerce Bank & Trust Co.

This is an action on an oral agreement to repurchase bonds. Plaintiff claimed it was made by defendant as a part of the consideration for his purchase. The case was tried on an amended petition containing five counts. Premature appeals in this case were dismissed. [Magee v. Mercantile-Commerce Bank Trust Co.,339 Mo. 559, 98 S.W.2d 614.] Thereafter, plaintiff dismissed all counts except count one, upon which he had a verdict for $15,722.94, and final judgment was entered thereon for plaintiff for that amount. Defendant has appealed.

We adopt plaintiff's statement of the transaction, without use…