Missouri Court of Appeals April 11, 1978, No. 38962 (Grant v. Fletcher)

STEPHAN, Judge.

Plaintiffs appeal from the dismissal of their petition for failure to state a claim upon which relief can be granted. We reverse and remand.

In the case of a dismissal of a petition for failure to state a claim, the petition is to be construed favorably and the pleader given “the benefit of every reasonable and fair intendment in view of the facts alleged, and if the pleader’s