Legal Opinion
Britton v. Hamilton
Missouri Court of Appeals
Decided December 1, 1987No. 52510PublishedCited by 11 opinions
1Opinion of the Court
SATZ, Chief Judge.
Plaintiffs William and Marilyn Britton appeal the dismissal with prejudice of their cause of action against defendant Jerome Hamilton. The trial court dismissed the suit after finding it was barred by the five-year statute of limitations. § 516.120, RSMo.1986. We reverse.
The instant dismissal was based on the following procedural history:
June, 1980 Hamilton and Bryant sue the Brit-tons. Brittons file an Answer and Counterclaim.
May, 1983 The parties voluntarily dismiss claims.
July, 1983 Brittons (now plaintiffs) sue Hamilton and Bryant (now defendants) for breach of contract…
2Cases cited5 opinions
- Nicholson v. NicholsonMissouri Court of Appeals · 1985
- Ritter v. Aetna Casualty & Surety Co.Missouri Court of Appeals · 1985
- Wilbur Waggoner Equipment & Excavating Co. v. Clark Equipment Co.Missouri Court of Appeals · 1984
- Atkinson v. Be-Mac Transport, Inc.Missouri Court of Appeals · 1980
- Cady v. HarlanSupreme Court of Missouri · 1969
3Cited by11 opinions
- State ex rel. Goldsworthy v. KanatzarSupreme Court of Missouri · 2018
- Heintz v. SwimmerMissouri Court of Appeals · 1996
- Molder v. TRAMMELL CROW SERVICES, INC.Missouri Court of Appeals · 2010
- Phillip L. Rosemann v. Roto-Die, Inc.Court of Appeals for the Eighth Circuit · 2002
- Goff v. SchlegelMissouri Court of Appeals · 1988
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