Missouri Court of Appeals, 2005

HOME SERVICE OIL COMPANY v. Westmoreland

HOME SERVICE OIL COMPANY v. Westmoreland
Missouri Court of Appeals · Decided December 20, 2005 · Gaertner, Romines
180 S.W.3d 44; 2005 Mo. App. LEXIS 1894; 2005 WL 3466043 (South Western Reporter, Third Series)

HOME SERVICE OIL COMPANY v. Westmoreland

Opinion

ORDER

PER CURIAM.

Defendant-Appellant Louis Westmore-land, et al., (‘Westmoreland”) appeals from the judgment of the Circuit Court of Franklin County, after a jury found for Plaintiff-Respondent Home Service Oil Company (“Home Service”) in its claim for monetary damages against Westmoreland arising from an alleged breach of contract. In addition, the jury found for Home Service on Westmoreland’s counterclaim for damages arising from alleged breach of contract, fraudulent misrepresentation, and tortious interference with a contract.

We have thoroughly reviewed the record and the briefs of the parties, and no error of law appears. Therefore, an opinion would have no precedential value. The parties have been given a memorandum for their information only, setting forth the reasons for this order. The judgment is affirmed pursuant to Rule 84.16(b).

In addition, Third-Party Defendant-Respondent Phillips Petroleum Company’s Motion to Dismiss is hereby granted. However, Phillips’ motion for costs is hereby denied.

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