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OSHIA v. E. A. STROUT REALTY AGENCY, INC.

No. 52328.

418 S.W.2d 99 (1967)

Homer OSHIA and Rose Mary Oshia, Appellants, v. E. A. STROUT REALTY AGENCY, INC., d/b/a Strout Realty, Inc., Respondent.

Supreme Court of Missouri, Division No. 2.

September 11, 1967.

Attorney(s) appearing for the Case

James B. Herd and Deeba, DeStefano, Sauter & Herd, St. Louis, for plaintiffs (appellants).

Bussell, Hough & Greene, Leland C. Bussell and Phillip R. Garrison, Springfield, for respondent.

BARRETT, Commissioner.

This is an action by Homer and Rose Oshia to recover $1500.00 actual damages and $25,000.00 punitive damages for fraud in connection with a note executed by plaintiffs in the sum of $3423.16. Particularly, the alleged fraud relates to the application of monthly payments of $838.49 on the note, first to interest due rather than to principal thereby obligating plaintiffs to pay a higher amount for a clubhouse than the parties bargained for. In...

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