[DOWNLOAD] "North Port Development Company v. George" by Eastern District, Division Three Court of Appeals of Missouri ~ eBook PDF Kindle ePub Free

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eBook details

• Title: North Port Development Company v. George
• Author : Eastern District, Division Three Court of Appeals of Missouri
• Release Date : January 20, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Robert G. Dowd, Presiding Judge This consolidated appeal follows the summary judgments in two related cases. It centers around a deed of trust and three promissory notes issued pursuant to North Port Development Company's purchase of land from George and Fred Graff. The facts of the case are set out in Graff v. North Port Development Co., 734 S.W.2d 221 (Mo. App. 1987). We affirm. In December 1982, the Graffs held a foreclosure sale pursuant to the deed of trust for failure to pay on two of the notes, the $1,000,000 note and the $75,000 note. The Graffs were the successful purchasers at the sale. On April 20, 1982, they filed an action in St. Louis County to collect on the third note (the $125,000 note). Lawrence Goldstein, sole shareholder of North Port, and his wife Jill Goldstein counterclaimed with three claims: (I) an action for equitable accounting; (II) an action seeking damages for tortious interference with an option contract on the land; (III) specific performance of alleged agreements to defer payments on the $1,000,000 and $75,000 notes. The last two points of the counter suit were summarily dismissed prior to trial. The Goldsteins attempted to appeal, but the action was ruled premature. Graff v. North Port Development Co., 691 S.W.2d 477 (Mo. App. 1985) (Graff I). On the day of trial, the Graffs made a motion for summary judgment on their action under the $125,000 note and the motion was granted. Count I of the Goldsteins' counterclaim went before the jury which found in favor of the Graffs. The Goldsteins then filed a second appeal with this court. We affirmed the jury verdict and the summary judgments on the counterclaims, but reversed the summary judgment on the $125,000 note. Graff v. North Port Development Co., 734 S.W.2d 221 (Mo. App. 1987) (Graff II). Upon remand, the Judge granted a second motion for summary judgment on that issue.

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