Schlemer v. Connell Agencies of Kimberling City, Inc.

PREWITT, Presiding Judge.

Mel Schlemer sued Connell Agencies of Kimberling City, Inc. (Connell) for damages for breach of contract. Following jury trial a verdict was rendered in favor of Schlemer for $45,000. Pursuant to Con-nell’s motion for new trial the trial court found instructional error and granted a new trial. Schlemer appeals from that order and Connell appeals from the court’s order denying its motion for judgment notwithstanding the verdict. The appeals were consolidated.

I. Schlemer’s Appeal (No. 15031)

Schlemer sold life and health insurance through Connell, an insurance agency,…