Clayton X-Ray Co. v. Evenson

SPINDEN, Judge.

Martin A. Evenson appeals a jury’s determination that he owes Clayton X-Ray Company $14,623.64 in damages for breaching a contract to purchase x-ray equipment. Evenson contends the trial court erred in refusing to submit jury instructions for mutual mistake, commercial impracticability and negligent misrepresentation. We affirm the trial court’s judgment for Clayton X-Ray.

We review the evidence in the light most favorable to the party offering the instruction. Gottlieb v. Szajnfeld, 550 S.W.2d 936, 937 (Mo.App.1977). The record establishes that in 1983 Evenson, a medical…