Pennyrich, Inc. v. Lawton-Byrne-Bruner Insurance Agency

REINHARD, Judge.

Plaintiffs appeal the dismissal of their suit to enforce an oral insurance contract. Their petition, filed on October 13, 1978, alleged that the contract was entered into and breached in 1972. The trial court on January 4, 1980 dismissed the petition for failure to state a claim upon which relief could be granted or in the alternative, as being barred by the applicable five-year statute of limitations. § 516.120(1), RSMo 1978. We affirm.

On appeal, plaintiffs admit that this suit was filed more than five years after their alleged cause of action arose in 1972. They argue,…