Hunt v. Dallmeyer

WEIER, Judge.

Plaintiff Thomas E. Hunt filed a first amended petition naming as defendants Marguerite Dallmeyer individually and as executrix of her husband’s estate, and Ellis-Rodes-Meers & Co. Plaintiff’s petition contained claims based both in contract and tort against these defendants. Each defendant filed a motion to dismiss the petition for failure to state a claim upon which relief could be granted pursuant to Rule 55.27(a) (6), V.A.M.R. [§ 509.300, RSMo 1969, V.A.M.S.]. These motions to dismiss were granted by the trial court, but plaintiff was given additional time to amend his…