Defendant appealed from the judgment in favor of the attorney general for defendants’ violations of the Missouri Merchandising Practices Act and from the award of “rescission” to the attorney general. The attorney general’s complaint alleged that defendants had sold a pasteurization machine it represented was PMO-compliant when defendants knew it was not and concealed that fact.
Where defendants failed to prove that their appellate arguments were raised below and where the MMPA applied to claims involving a corporate consumer, the court affirmed the judgment entered against defendants.
Judgment is affirmed.
State ex rel. Schmitt v. Schier Company Inc. (MLW No. 74468/Case No. SD35829 – 14 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Wright County, Thompson, J. ( Heath Hardman, Mountain Grove, for appellant) (David Zhubo Ma, Jefferson City, for respondent)