HAMER v. SULLIVAN

Nos. 56900, 57327.

491 S.W.2d 309 (1973)

Frank T. HAMER and Oda Evelyn Hamer, Plaintiffs-Appellants, v. Dale P. SULLIVAN et al., Respondents, and Mid-Continent National Bank, Intervener-Respondent.

Supreme Court of Missouri, Division No. 2.

February 12, 1973.


Attorney(s) appearing for the Case

Thaine Q. Blumer, Kansas City, for plaintiffs-appellants.

James W. Benjamin, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, Conn Withers, Liberty, for respondents Sullivan and Sauro.

Robert K. Ball II, Don M. Jackson, Jackson & Sherman, Kansas City, for respondent City National Bank & Trust Co.

Gene A. DeLeve, Berman, DeLeve, Kuchan & Chapman, Kansas City, for respondent Mid-Continent Nat. Bank.


DONNELLY, Judge.

In 1968, Donald L. Kerns and his wife were owners of a farm in Clinton County, Missouri. In early 1969, Kerns and his wife, through their attorney, Marshall Lyons, proposed to Frank Hamer that he purchase the farm for $125,000 by assuming certain obligations and paying $87,000 cash. Hamer proposed that the $87,000 be paid with a note owned by Hamer and his wife which was secured by a second deed of trust on a motel in Springfield, Missouri. Marshall...

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