Walters v. Markwardt

[ 177] Action for $10,000.00 damages for personal injuries. Defendants filed separate motions to dismiss, on the ground that plaintiff’s amended petition failed to state a claim upon which relief could be granted, which were sustained. Plaintiff refused to plead further and has appealed from the judgment of dismissal.

The petition alleged that defendants, William C. and Blanche Markwardt owned certain real estate in Joplin leased to defendant [178] Crockett Oil and that defendant Stites was in physical posses*938sion of the premises operating a filling station thereon under an oral agreement with…