Legal Opinion
KMS, Inc. v. Wilson
Missouri Court of Appeals
Decided July 13, 1993No. WD 46739PublishedCited by 5 opinions
1Opinion of the Court
HANNA, Judge.
This is a Chapter 517 case. Plaintiff, KMS, Inc. (“KMS”), is a Kansas corporation in the business of reselling closed out stock purchased from manufacturers. The dispute in this case arose over which defendant is liable for payment of 644 cases of coffee, which KMS sold on credit at the price of $8.00 per case, for a total of $5,152. The issue on appeal is whether the defendants, in order to raise the defense, were obligated to plead the lack of plaintiffs capacity to bring its lawsuit.
The order for coffee was placed with plaintiffs Wichita, Kansas office and was picked up by…
2Cases cited11 opinions
- Manor Square, Inc. v. Heartthrob of Kansas City, Inc.Missouri Court of Appeals · 1993
- Exchange National Bank of Jefferson City v. WolkenSupreme Court of Missouri · 1991
- Lankheit v. Estate of SchererMissouri Court of Appeals · 1991
- Pemiscot County Memorial Hospital v. BellMissouri Court of Appeals · 1989
- Berkel & Co. Contractors v. Jem Development Corp.Missouri Court of Appeals · 1987
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3Cited by5 opinions
- Midwestern Health Management, Inc. v. WalkerMissouri Court of Appeals · 2006
- Christian Health Care of Springfield West Park, Inc. v. LittleMissouri Court of Appeals · 2004
- Ozark Employment Specialists, Inc. v. BeemanMissouri Court of Appeals · 2002
- State ex rel. Cardinal Realty Services, Inc. v. SchoeberlMissouri Court of Appeals · 1996
- Moon, Plaster & Sweere, L.L.P. v. KelleyMissouri Court of Appeals · 2013