Collins v. Swope

TITUS, Presiding Judge.

Plaintiffs sued defendant for breach of an oral contract. The trial court sustained defendant’s motion to dismiss plaintiffs’ petition for “failure to state a claim upon which relief can be granted.” Rule 55.-27(a)(6), V.A.M.R. This appeal by plaintiffs ensued.

In effect, the three-count petition for damages (one count for each of the three plaintiffs) averred the following: On or about March 20, 1978, the parties orally agreed that defendant would sell plaintiffs his insurance business and agency, together with all office equipment, furniture, fixtures, accounts,…