Honigmann v. C & L Restaurant Corp.

PUDLOWSKI, Judge.

Ernest J. Honigmann (Honigmann) appeals the dismissal of his petition for compensation from C & L Restaurant Corporation (C & L) for services and loans. The court granted C & L’s motion for dismissal because the petition was filed beyond the five-year statute of limitations of Section 516.120 RSMo (1994). We reverse the judgment and remand for further proceedings.

On review, we view the dismissal of Honigmann’s petition by assuming every fact pleaded in the petition to be true. Leeser Trucking, Inc. v. Pac-A-Way, Inc., 914 S.W.2d 40, 42 (Mo.App. E.D.1996). A plaintiff is…