FAGAN v. HAMILTON BANK

No. 47304.

327 S.W.2d 201 (1959)

Norma FAGAN, Earl Kresse and Tiffin Kresse, Plaintiffs-Appellants, v. HAMILTON BANK, a Corporation, Defendant, Dae W. McMILLEN, Respondent-Intervenor.

Supreme Court of Missouri, Division No. 1.

September 14, 1959.


Attorney(s) appearing for the Case

John W. Newhart, Savannah, for appellants.

O. J. Adams, Hamilton, Robison & Miller, Maysville, for respondent.


HOLMAN, Commissioner.

On July 12, 1952, plaintiffs-appellants contracted to sell a 160-acre farm to Dae W. McMillen, respondent-intervenor, for $14,000 and respondent paid $1,000 on the purchase price. The purchaser has been in possession of the farm since February, 1953. On July 3, 1953, appellants conveyed the land to respondent and his wife and on said date respondent paid appellants an additional $6,000 on the purchase price. At that time he also paid the balance...

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