Horner v. David Distributing Co.
Decision Date | 06 May 1980 |
Docket Number | No. 11313,11313 |
Citation | 599 S.W.2d 100 |
Parties | 29 UCC Rep.Serv. 1224 James C. HORNER: Margie Horner, his wife; and Pam Horner, a minor, by James C. Horner and Margie Horner, her parents and next friends, Plaintiffs-Appellants, v. DAVID DISTRIBUTING CO., a corporation, and J. W. Johnson, Defendants- Respondents. |
Court | Missouri Court of Appeals |
C. A. Powell, Powell, Ringer & Ringer, Dexter, for plaintiffs-appellants.
John A. Clark, Friedewald & Chadwick, Poplar Bluff, for defendant-respondent David Distributing Co.
Joe Welborn, Briney, Welborn & Spain, Bloomfield, for defendant-respondent J. W. Johnson.
Plaintiffs appeal from the trial court's dismissal of their petition for failure to state a claim for which relief can be granted. Plaintiffs contend that the petition stated a cause of action for breach of implied warranty for failure to sell a replacement part for a furnace and that pursuant to Article I, Section 14 of the Missouri Constitution, a remedy must be afforded for every injury to persons or property.
In considering whether plaintiffs' petition states a cause of action, we take as true all factual allegations of the petition. Plaintiffs allege that in 1975 they purchased a Fedders furnace for their house from defendant Johnson, who was a dealer of defendant David Distributing Co. Johnson purchased the furnace from David Distributing Co. Commencing in October 1977 and until January 25, 1978, the furnace did not operate because of a defective 24-volt relay unit. Plaintiffs notified defendant Johnson, who ordered a new relay unit from David Distributing Co. Plaintiffs did not receive it until January 25, 1978, after threats made to David Distributing Co. by plaintiffs' attorney. Plaintiffs claim actual and punitive damages. Other allegations in the petition relevant to the issues before us are as follows:
We first consider plaintiffs' constitutional argument. Article I, Section 14 of the Missouri Constitution provides in part:
"That the courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, . . . ."
This section was never intended to create rights but to protect citizens in enforcing rights recognized by law. State ex rel. National Refining Co. v. Seehorn, 344 Mo. 547, 127 S.W.2d 418, 424 (1939); Renfrow v. Gojohn, 600 S.W.2d 77, (Mo.App.W.D.1980). Also see Schulte v. Missionaries of La Salette Corp. of Mo., 352 S.W.2d 636, 641 (Mo.1961). This constitutional provision is of no aid to plaintiffs unless their petition alleges a claim recognized by law.
Plaintiff contends that the petition states a claim...
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