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DOANE AGR. SERV., INC. v. NEELYVILLE GRAIN CO., INC.

No. 9607.

516 S.W.2d 788 (1974)

DOANE AGRICULTURAL SERVICE, INC., Plaintiff-Appellant, v. NEELYVILLE GRAIN COMPANY, INC., Defendant, James Agri-Center, Inc., and First National Bank of Doniphan, a banking corporation, Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

December 3, 1974.

Attorney(s) appearing for the Case

Joe C. Welborn, Briney, Welborn, & Spain, Bloomfield, for plaintiff-appellant.

Norman L. Chadwick, Friedewald & Chadwick, Poplar Bluff, for defendants-respondents.

TITUS, Judge.

Doane Agricultural Service, Inc. (plaintiff), filed suit to recover a $3,750 sales commission (plus 6% interest from May 23, 1970) against the seller, Neelyville Grain Company, Inc. (Neelyville), to have the commission established as a lien on the property sold to James Agri-Center, Inc. (James Agri), and to have the lien declared superior to a deed of trust (securing a $70,000 promissory note) wherein the cestui que trust named was the First National...

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