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HAWKINS v. MALL, INC.

No. 52688.

444 S.W.2d 369 (1969)

Robert L. HAWKINS and Peggy J. Hawkins, Plaintiffs-Appellants-Respondents, v. The MALL, INC., Lee F. Sutliffe, Archie W. Eoff, Barbara Eoff, Southern Commercial and Savings Bank, and S & G Lessors, Inc., Defendants-Appellants-Respondents, and Max W. Litley, Trustee, William H. Harrison, Warren H. Wemhoener, Republic Life Insurance Company, Title Insurance Corporation of St. Louis, First National Bank of St. Louis, Missouri, Mid-Continent Investment Company, Sam Dickey, Trustee, R. W. Hawkins, Sandra Ecker, and Pendleton Goodall, Jr., Trustee, Defendants-Respondents.

Supreme Court of Missouri, Division No. 1.

September 8, 1969.

Attorney(s) appearing for the Case

Joseph S. Levy, Paul Margolis, Jr., Frank B. Reiser, Levy & Craig, Kansas City, for plaintiffs-respondents, Robert L. Hawkins and Peggy J. Hawkins.

Neale, Newman, Bradshaw & Freeman, Flavius B. Freeman, Jerry L. Redfern, Springfield, for defendants-appellants, Archie W. Eoff and Barbara Eoff.

White & Dickey, Sam Dickey, Springfield, for appellants.

Lilley & Cowan, Max W. Lilley, Springfield, for defendant-appellant, The Mall, Inc.

Ziercher, Tzinberg, Human & Michenfelder, Erwin Tzinberg, Clayton, Mann, Walter, Burkhardt, Weathers & Schroff, C. Wallace Walter, Springfield, for defendants-respondents, Max W. Lilley, Trustee, Warren H. Wemhoener, Trustee, Republic National Life Ins. Co., Title Ins. Corp. and First National Bank in St. Louis.

WELBORN, Commissioner.

Plaintiffs Robert L. Hawkins and his wife, Peggy, owned the west 66 feet of Lot 4 of Davis Place in the City of Springfield. They had a 30-room motel on the lot, operated under the name "The Hawks Motor Inn." Defendants Archie Eoff and his wife, Barbara, owned Lots 1 and 2 of Davis Place, on which they had a restaurant and cocktail lounge known as "Archie's Southern Mansion."

In the latter part of 1961, Hawkins and Eoff began talking...

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