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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Detling v. Edelbrock, 671 S.W.2d 265 (1984)

Citation
Detling v. Edelbrock, 671 S.W.2d 265 (1984)
Parent Document
Detling v. Edelbrock, 671 S.W.2d 265 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-05-15

Other Sections in This Document (76)

Full Text

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In September 1980, two additional tenants were added as plaintiffs and a first amended petition in four counts was filed by appellants. The pleadings were filed with substantial disregard of Rule 55.04, directing that pleadings shall be “simple, concise and direct.” Count I contained forty-five paragraphs, three of which contained a total of forty-five subparagraphs. Counts II, III and IV adopted the prior ninety paragraphs and subparagraphs by reference. Count II added six additional paragraphs, Count III fourteen additional paragraphs and Count IV eight additional paragraphs. From this mass of pleadings it is difficult to identify the legal theory pleaded in the various counts without the aid of the captions supplied by appellants. Count I is designated as negligence per se, Count II breach of implied warranty of habitability, Counts III and IV action for damages under the Merchandising Practices Act. The nine points on appeal and eighty-one pages of brief are as elusive as are the pleadings.