Bates & Son Construction Co. v. Berry

The opinion of the court was delivered by This is an appeal from an order setting aside a default judgment. The facts are not seriously in dispute. So far as we can tell from a confusing and inadequate record the plaintiff, to whom we shall sometimes refer as Bates, is in the construction business. Sometime during the year 1973 he purchased from the Missouri Highway Commission a number of houses which had been acquired in condemnation proceedings. Bates thereafter negotiated the sale of several of the houses to the defendant Berry, who is a house mover, at prices which were left undetermined at the time. On or about July 1, 1973, Berry moved one of the structures from the area of Kansas City, Missouri, to Bonner Springs, Kansas, without the formality of paying therefor and without the consent of or notification to Mr. Bates.