Abney v. Niswonger

CRANE, Judge.

Plaintiffs William and Lori Abney appeal from the trial court’s order dismissing with prejudice, for improper venue, their claim for fraudulent misrepresentation or, in the alternative, for rescission, against defendants Ralph and Mary Niswonger, Gordon A. Gundaker Real Estate Co., Inc., Larry May Real Estate Co., and Koby Contracting Co. arising out of the purchase of a home in St. Louis County. We reverse and remand.

This action was filed in the Circuit Court for the City of St. Louis. On September 5, 1990, defendant Gundaker filed a motion to dismiss for lack of venue. This…