Radiological Associates of Metropolitan St. Louis, M.D.'s, P.C. v. Midwest Diagnostic Consultants, Inc.

CRIST, Judge.

Appellant (plaintiff) appeals the sustentation of respondents’ (defendants) motions for summary judgment. We reverse and remand.

Plaintiff alleged defendants breached an oral contract to purchase radiological equipment from it for the sum of $23,000. The case was set for jury trial on January 22, 1990. On that day, during the pretrial conference, defendants Rubin, Altsheler and Kloecker filed a motion for judgment on the pleadings based upon the statute of frauds. Arguments were had on the motion, and the jury trial was held in abeyance.

The next day, defendant Cowden filed his…