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SMITH v. TRACY

No. 49457.

372 S.W.2d 925 (1963)

Noel SMITH (Plaintiff), Appellant and Respondent, v. Stuart TRACY and Isis Tracy, his wife, Charles Tracy and Viola Tracy, his wife, d/b/a Tracy Brothers (Defendants), Respondents and Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied December 9, 1963.

Attorney(s) appearing for the Case

Rendlen & Rendlen, Hannibal, J. Patrick Wheeler, Canton, for appellants Tracys.

Tom B. Brown, Edina, and J. Andy Zenge, Jr., Canton, for respondent Smith.

Motion for Rehearing or to Transfer to Court En Banc Denied December 9, 1963.

HOLMAN, Judge.

The various controversies that have arisen between plaintiff and defendants, as hereinafter detailed, resulted from a contract whereby defendants agreed to purchase plaintiff's 732-acre farm located in Lewis County, Missouri. In this ejectment action plaintiff, alleging that defendants had breached the contract in a number of respects, sought possession of said land...

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