Ghertner v. Lipton

McMILLIAN, Judge.

Appellant Elmer Ghertner appeals from a judgment entered in the circuit court of the City of St. Louis granting respondents’ motion to dismiss for failure to state a claim upon which relief could be granted and because the action was barred by the statute of limitations. For reversal appellant argues that the trial court erred in granting the motion to dismiss because (1) the petition set forth sufficient facts to invoke substantive principles of law which may entitle him to relief and (2) the statute of limitations is inapplicable because the partnership is still in…