RANDOLPH v. SIMPSON

No. 26519.

500 S.W.2d 289 (1973)

Gertrude RANDOLPH, Plaintiff-Respondent, v. Noel J. SIMPSON and Bobbie D. Simpson, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

October 1, 1973.


Attorney(s) appearing for the Case

Snowden, Crain & DeCuyper, Stephen V. Crain, North Kansas City, for defendants-appellants.

John R. Moore, Platte City, for plaintiff-respondent.

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.


SOMERVILLE, Judge.

Plaintiff filed suit in two counts. The first count sought attorney's fee and a deficiency judgment on a note resulting after a trustee sale under a second deed of trust securing the note. The second count sought damages for waste committed by the makers of the note and second deed of trust while in possession of the real property described in the second deed of trust.

The case was tried to the court without a jury. Judgment was entered...

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