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DICKEY CO., INC. v. KANAN

No. 9911.

537 S.W.2d 430 (1976)

DICKEY COMPANY, INC., Plaintiff-Respondent, v. F. A. KANAN et al. Defendants-Appellants.

Missouri Court of Appeals, Springfield District.

May 14, 1976.

Attorney(s) appearing for the Case

John R. Lewis, Kirby, Lewis, Cohick & Franks, Springfield, Jon Dermott, Blanchard, Van Fleet, Robertson & Dermott, Joplin, for plaintiff-respondent.

Richard M. Webster, Myers, Webster & Perry, Webb City, for defendants-appellants.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

TITUS, Judge.

Defendants admitted owing plaintiff Dickey Company, Inc., a $16,200 commission for procuring a restaurant-lease of adjacent properties owned separately by defendants F. A. and Elma Kanan (husband and wife) and defendant Ancell Enterprises, Inc. A dispute as to how the commission was to be paid spawned this lawsuit. Plaintiff averred defendants agreed to pay half the commission ($8,100) when the lease was executed and the other half over the following...

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